What rest breaks am I entitled to at work?

What rest breaks are

Rest breaks are time away from work that the law says your employer must allow. They protect your health and safety. Most workers have three kinds of rest.

The under 18 rules apply to young workers who are above school leaving age.

How the daily break works

• It must be one unbroken break of at least 20 minutes.
• Your employer can say when you take it, but it must be somewhere in the middle of the day, not at the start or the end.
• You must be able to spend it away from your workstation.
• If your employer calls you back to work before it ends, it does not count as a rest break.

Example

Sam works 9am to 4pm, which is 7 hours. That is more than 6 hours, so Sam has a right to a 20 minute break. If Sam worked 9am to 2pm (5 hours), the law would not require a break, although the contract might give one.

Is my break paid?

Not by law. Whether a break is paid depends on your employment contract. There is also no legal right to a smoking break unless your contract gives you one.

Who does not get the normal rules

Some people are not covered by the standard break rights, or have different rules. These include:

• people who set their own working hours, such as a managing director
• some sea, air and road transport workers, who may have special rules
• armed forces, emergency services and police dealing with an exceptional disaster
• domestic workers in a private house, such as a cleaner or au pair
• lorry and coach drivers, who have their own drivers' hours rules

Compensatory rest

In some jobs you cannot always take your normal rest, for example shift work, work far from home, 24 hour services like hospitals, or seasonal busy times. In these cases you should get compensatory rest: a break of the same length taken later.

Young workers who miss rest because of an emergency should get the same amount of rest back within 3 weeks.

Repetitive work

If your work is monotonous, like working on a production line, your employer must make sure you get enough breaks to protect your health.

If you are not getting your breaks

1. Talk to your manager informally first.
2. If that does not work, raise a formal grievance.
3. Get free advice from the Acas helpline (in Northern Ireland, the Labour Relations Agency).
4. You may be able to make a claim to an employment tribunal (industrial tribunal in Northern Ireland).

If you live in Northern Ireland

The same basic rights apply: 20 minutes over 6 hours, 11 hours between working days and 24 hours a week (or 48 hours a fortnight). nidirect also says you can complain to the Health and Safety Executive for Northern Ireland, or to an industrial tribunal.

Related guides

• How much holiday am I entitled to?
• How many hours can I be made to work?
• How do I work out my holiday pay?
• What rights do I have on a zero hours contract?
• Do I have to work on Sundays?

Where this comes from

• Rest breaks at work (GOV.UK)
• Rest breaks at work: taking breaks (GOV.UK)
• Rest breaks at work: exceptions (GOV.UK)
• Rest breaks at work: compensatory rest (GOV.UK)
• Rest breaks at work: young workers (GOV.UK)
• Rest breaks at work: disputes (GOV.UK)
• Rest breaks (nidirect)