Lunch Break Laws UK: Rest Breaks at Work

Workers up and down the country are entitled to rest breaks, which is dependent on how long they work. Many workers are encouraged to take these rest breaks as their lunch breaks, however workers are not entitled to paid lunch breaks. 

This blog post will guide you through your employees’ rights to rest breaks at work and will allow you to have a clear understanding of the laws and regulations in the UK regarding rest breaks.

Key Takeaways

• Employees working more than 6 hours per day must receive at least one uninterrupted 20-minute rest break. 
• Employers are not required to provide paid lunch breaks unless contractually agreed. 
• Employees must have 11 hours’ rest between working days and 24 hours’ weekly rest (or 48 hours every two weeks). 
• Breaks cannot be scheduled at the start or end of a shift. 
• Young workers, pregnant workers, and those in hazardous conditions have enhanced protection. 
• Some professions (e.g., emergency services, armed forces, certain transport roles) have modified or exempt rules. 
• Employees cannot be required to work more than an average of 48 hours a week unless they voluntarily opt out in writing. 
• On-call time counts as working time when employees must remain at the workplace or another employer-designated location. 
• Missed breaks must be replaced with compensatory rest that is equivalent in length and provided as soon as reasonably practicable.

The legal requirement for lunch breaks is that every employee is legally entitled to a 20 minute break when an employee’s daily working hours exceed 6 hours (exceptions apply for certain workers). The reasons for why rest breaks at work exist are because they allow staff to recover from the first half of their shift and it gives them time to rechange for the second half of their working day. 

Lunch breaks are a legal requirement, although it is not a legal requirement for employers to pay their employees during a lunch break.

The Working Time Regulations 1998 means that employers must have minimum rest breaks – the length is dependent on how many hours you work daily. Workers are entitled to a lunch break, although employers do not have to pay their employees during their lunch breaks. There are three different types of rest breaks at work, they are: 

Rest breaks at work 

If they work more than 6 hours a day, employees are entitled to one uninterrupted 20 minute rest break. It can be taken as either a lunch or a tea break. 

Daily rest 

Employees are entitled to 11 hours of a rest break between each shift. For example, if an employee finishes work at 8pm, they should not be required to work until 7am the next day. 

Weekly Rest 

Employees are either entitled to a weekly 24 hour break from work or a fortnightly break of 48 hours from work. 

Workers can of course be given more rest periods, but these rest requirements are the minimum that the employer has to offer.

Unfortunately, employees cannot tell their employer when they are taking their lunch break – that is up for their employer to decide. However, a lunch break can’t be scheduled for the beginning or the end of their day.

Lunch breaks at work typically occur in the middle of the day and should be taken away from the area that they work.

Unless stipulated in their employment contract, rest breaks are not paid and employees are not entitled to smoking breaks either.

All employees are entitled to lunch breaks and a rest break during work. However, there may be certain occasions or special circumstances where employees are entitled to more or less breaks than other employees.

Young workers should be particularly aware of their rights to rest periods, as their entitlement differs from adult employees. Employers must ensure they receive the correct breaks to support their health and development.

If your employee is pregnant, the employer should carry out a risk assessment to work out whether they would need more rest breaks each working day.

For young workers under 18, typically they are required to work fewer hours a day, so they aren’t often required to take a rest break. However, for every 4 and a half hours that they work, young workers are required to take a rest break. Additionally, those under 18 are usually entitled to more days off every week. 

If your employees work in hazardous conditions where tiredness or feeling overworked could result in injury, the employer may consider giving the employee more time off to ensure that the workplace’s health and safety is not at risk.

There are certain careers where these mandatory requirements do not apply. These include those working in the emergency services or police and armed forces. Mandatory rest breaks cannot be implemented when regular breaks at work aren’t feasible or practical.

Another reason that there may be an exception to the rest break requirements is when someone is a director at a company, or the work is not measured. This can often include those who work at sea, in the air or in road transport. However, their rest breaks will usually be negotiated differently.

For employees wondering, “Do I have to take a lunch break?” the answer is typically yes, as rest breaks are a legal requirement under the Working Time Regulations. For a 9-hour shift, the law requires at least a 20-minute uninterrupted break, but longer shifts may warrant additional breaks. If you’re questioning “how much break for a 9-hour shift,” consult your contract for company-specific policies.

For example, the break entitlement for a 6-hour shift UK is a single 20-minute break, which helps employees recharge during their workday. For those working under hourly arrangements, discussions around a paid lunch for hourly employees should clarify if any breaks are compensated.Rest breaks are crucial for maintaining health and productivity, so understanding your rights and entitlements is key.

Compensatory rest breaks are periods of rest that are given to employees as compensation for not being able to take their regular breaks or for working extended hours beyond their normal working schedule.

Compensatory rest breaks can be taken by:

• Shift Workers: Employees who work in shifts, especially those covering nights or rotating schedules, where standard breaks might be missed due to the nature of the work.
• Emergency Services Personnel: Workers in essential services like healthcare, fire services, and police, where unexpected or extended work hours may prevent regular breaks.
• Transportation Workers: Including drivers, pilots, and crew members in rail, air, and road transport, who may have non-standard working hours and strict regulations regarding rest.
• On-call Employees: Those who may be called to work during periods typically designated for rest or outside of their regular work schedule.
• Employees in Continuous Operations: Workers in industries that operate around the clock, such as manufacturing, utilities, or IT support, where the workflow cannot be interrupted for regular breaks.

Flexible Schedule Workers: Employees with non-traditional work arrangements or those working remotely who may miss scheduled breaks due to work demands but are eligible for compensatory rest later.

Detailed Compensatory Rest Rules

Compensatory rest has to happen, and if at all possible, it needs to be the same length as the break you missed. So – if you skip a 20 minute break, you’re going to need to take a 20 minute break later on.

Employers need to make sure that compensatory rest is taken in chunks that actually allow for some genuine recovery – so token or tiny breaks just aren’t good enough.

If you’re working at night or working long shifts and you’ve got limited rest time available then employers should make sure that you get any compensatory rest you’re owed before you’re given any new duties.

Compensatory rest can’t be fobbed off just because it’s inconvenient for the business – and you should be keeping a record of it, especially if your job is safety critical.

The 48-Hour Week

The Working Time Regulations have a rule about no more than 48 hours of work per week – unless the employee has opted out in writing and chosen to do so.

Key points include:

• That average is worked out over 17 weeks (or longer in some industries).
• No one can be forced to opt out and if they have opted out they can cancel that agreement with some notice.
• This 48 hour limit is there to make sure that workers get enough rest and that working too many hours doesn’t compromise their wellbeing or safety.
• Employers need to keep records of how many hours everyone is working, including any extra hours.

This rule is closely tied in with rest break entitlements as working long hours is going to mean you need more regular structured rest.

On-Call Work 

If you’re on-call and you have to stay at the workplace or another place that your employer controls then that counts as working time.

But if you’re free to be at home or to go wherever you like, then only the time you actually spend working while you’re on-call counts as working time.

Break implications are:

• If being on call stops you from properly having a break, you need to have compensatory rest.
• Employers need to make sure that all these interruptions don’t ruin the quality of your daily or weekly rest.
• If you work in a safety critical role, the on-call rota should be designed so that you can get some proper rest before you start your next shift.

Staff are legally required to have rest breaks, and if an employer does not allow them to, the employer may face legal repercussions.

If employees do not get enough rest, it can lead to negative consequences. They may develop physical or mental health issues due to the stress faced at work and the lack of rest. This lack of rest could lead to mistakes or accidents happening at work, which could have devastating results. 

A lack of rest could lead to reputational damage or financial losses to the organisation, and if an employee chooses to take their grievances to court, it could result in legal action. This could result in enforcement by the health and safety executive (HSE) or the local authority.

If an employee doesn’t think that they’re receiving the right amount of rest that they’re entitled to, they can start by discussing the matter with their employer. If that doesn’t solve the problem, another step they then can take is to make a formal complaint to their employer. 

If the issue still isn’t resolved, then the employee still can take certain steps to ensure that they will be able to take the right amount of rest. These steps include making a claim to the employment tribunal or reporting it to their local authority or to the health and safety executive.

If an employer fails to give their employees the correct amount of rest breaks for their profession and the amount of hours that they work, there could be serious consequences for the employer. 

This could include a settlement that the employer will have to pay for their employee or a damaged reputation.

If your employer denies you a legal rest break, such as your break entitlement for a 6-hour shift UK, start by discussing the matter directly with them. If the issue persists, file a formal complaint within your organisation. 

Should the problem remain unresolved, you may escalate the matter to an employment tribunal or report it to the Health and Safety Executive (HSE).

If an employer does not allow legal rest breaks, employees have several options:

1. Raise the issue informally – Discuss concerns with a manager or HR representative.
2. Submit a formal complaint – If informal discussions do not resolve the issue, submit a formal grievance.
3. Seek Acas conciliation – Acas provides free advice and mediation services to help resolve workplace disputes.
4. Make a tribunal claim – If the issue remains unresolved, employees can take legal action via an employment tribunal.

Employers who fail to comply with break entitlements may face legal repercussions, including fines and compensation claims.

Employees over 18 are entitled to at least one uninterrupted 20-minute break if they work more than six hours per day. Employers are responsible for ensuring these breaks are taken and that employees are not pressured to skip them.

Shift workers and those working night shifts have additional rest break considerations:

• Shift workers must be given adequate rest between shifts, particularly if they work split shifts or rotating schedules.
• Night shift workers must be monitored to ensure their health is not affected by working unsociable hours.
• Employers should assess whether additional breaks are required for those working long or irregular shifts.

Rest breaks are crucial for maintaining employee wellbeing, reducing workplace accidents, and improving productivity. Employers have a legal obligation to protect staff health and safety by ensuring appropriate rest periods.

Failure to allow rest breaks can lead to:

• Increased stress and burnout
• Higher risk of errors or accidents
• Legal action and financial penalties for the employer

While paid lunch breaks and rest breaks at work are not mandatory, an unpaid rest break is. Rest breaks are important because they allow for your workers to rest and recuperate in the middle of their working day. 

While some workers cannot have rest breaks due to their profession, for others, employers must be more lenient to their requests for more rest breaks. 

If you’re an employee and do not have the correct amount of rest breaks for the number of hours that you work, it’s crucial that you raise a grievance with your employer to receive the correct amount of rest.  

If your business needs to understand the number of hours that your employees work, Payroll Solutions can help. Our payroll software can help manage your staff’s salaries and expenses, while our HR software will help to ensure that your staff all have the appropriate amount of rest breaks.

Generally, employees cannot work through their unpaid lunch break for extra pay unless their contract or employer explicitly allows it. A paid lunch break is uncommon unless it is specified in your employment terms. Employers must ensure that rest break laws are followed, even if the employee is willing to work during their break.

Yes, employees are generally allowed to leave their workplace during their lunch break unless there are specific restrictions in their employment contract. However, remember that breaks such as a paid lunch for hourly employees might have different rules, and unpaid breaks should be taken away from the work area.

Employers who fail to comply with legal requirements for employee break entitlements may face legal consequences, including fines, tribunal claims, or compensation settlements. Non-compliance can also result in reputational damage and strained employee relations.

You may request a longer lunch break, but this is subject to your employer’s discretion and the terms of your employment contract. In many cases, employees are entitled to a minimum 20-minute break for every 6 hours worked, though additional breaks may not be paid lunch breaks unless otherwise agreed.