Hours, rest breaks and the working week

Rest breaks during the working day

Your workers are entitled to regular breaks in the working day. Workers aged 18 or over should be offered a minimum 20-minute break for every shift lasting more than six hours. You can determine the break's timing, though it mustn't be offered at the beginning or end of a shift. While it is your duty to ensure that your workers can take their breaks, you are not bound to ensure that they actually do take them.

All workers, including part-time workers, freelancers and agency workers, are covered by the rules - but not those who determine their own hours, such as certain members of senior management. Other exceptions cover:

• emergencies or busy periods, when breaks can be accumulated and taken later
• mobile workers who are entitled instead to adequate rest - meaning regular breaks to guard against tiredness
• agreements between employers and workers for breaks to be taken later

You should keep in mind too that workers can't be compelled to work more than an average 48-hour week.

Young workers, aged 16 and 17, should take at least 30 minutes' break if they work more than four and a half hours. If they also work for another employer, the time worked in total must be considered when calculating entitlement to breaks - see our guide on employing young people.

Only in exceptional circumstances can young workers miss their breaks - and then they should receive compensatory rest within three weeks.

To comply with the regulations, you should:

• offer workers all the breaks to which they are entitled
• keep records of your workers' hours
• monitor all workers' hours

Remember that you should also allow your workers any breaks they need as a result of any health condition or disability or you could be in breach of the Disability Discrimination Act

Subjects covered in this guide

• Introduction
• The rules about hours of work
• Working hours in a week
• Rest breaks during the working day
• Rest periods between working days
• Managing workers' hours
• Check if special exemptions apply to your business

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