Rest Breaks at Work

Under Regulation 12 of the Working Time Regulations 1998, adult workers (aged 18 and over) are entitled to:

• A minimum rest break of 20 minutes if their working day is more than six hours.

The break must be a period of at least 20 consecutive minutes during which the worker is free to leave their workstation (where applicable). The break must be taken during the shift — not at the beginning or end of it. It is a rest break, not a working break — your employer cannot require you to remain available for work during it.

Whether the break is paid or unpaid is a matter for your employment contract — the Regulations do not require it to be paid. Many employers pay for rest breaks; others do not. Check your contract.

Young workers (aged 16–17): Are entitled to a 30-minute rest break if their working day exceeds four and a half hours.

In addition to the in-work rest break, adult workers are entitled to:

• Daily rest: A minimum of 11 consecutive hours of rest in each 24-hour period. For example, if you finish a shift at 10pm, your employer cannot require you to start the next shift before 9am the next day.
• Weekly rest: A minimum of 24 consecutive hours of uninterrupted rest in each seven-day period, or 48 hours in a 14-day period (so it can be compressed into a fortnightly pattern).

Young workers are entitled to 12 hours of daily rest between each working day, and two days off per week (which should, if possible, be consecutive).

These rest requirements are subject to exceptions for certain sectors and roles — for example, security guards, doctors in training, and some transport workers may have modified arrangements. Collective or workforce agreements can also modify some provisions.

If your employer is not providing the minimum rest entitlements, you can take action:

• Raise the matter informally — many employers simply may not realise they are in breach of the Regulations.
• If informal steps do not resolve the issue, raise a formal written grievance.
• You can bring a claim in the Employment Tribunal for breach of the Working Time Regulations. The time limit is three months less one day from the date of the breach.
• You can also report health and safety concerns to the Health and Safety Executive, which has enforcement powers.

Remember that rest entitlements exist for your health and safety — persistently working without adequate rest increases the risk of accidents and health problems. Do not feel pressured to waive rest breaks in practice even if your employer does not explicitly require you to.

If your employer is routinely denying you your statutory rest entitlements, the most effective first step is to raise a formal written grievance under your employer's grievance procedure. The Acas Code of Practice on Disciplinary and Grievance Procedures sets out the steps employers must follow when dealing with a grievance. If your employer ignores or dismisses your grievance without following a reasonable process, any subsequent Employment Tribunal award can be increased by up to 25%.

Your grievance letter should:

• State clearly which rest entitlement is being denied — in-work breaks, daily rest, or weekly rest
• Cite the specific regulation (e.g., Regulation 12 for in-work breaks, Regulation 10 for daily rest, Regulation 11 for weekly rest)
• Give specific examples with dates and shift times
• Request that the employer take immediate steps to ensure the entitlement is honoured going forward

If the grievance is not resolved, you can contact Acas to initiate Early Conciliation before bringing an Employment Tribunal claim. Keep copies of payslips and rota records as evidence of the shifts worked.

For persistent or serious breaches affecting multiple workers — particularly in safety-critical industries such as transport, healthcare, or food production — you can report concerns to the Health and Safety Executive (HSE). The HSE has the power to issue improvement notices and, in serious cases, to prosecute employers for breach of the Working Time Regulations. HSE enforcement is particularly relevant where fatigue is contributing to accident risk.

Rest breaks also interact with the duty to make reasonable adjustments for disabled workers. If you have a disability or health condition that means you need more frequent or longer rest breaks than the statutory minimum — for example, due to chronic fatigue, a condition requiring medication administration, or a mental health condition exacerbated by sustained concentration — your employer is required under the Equality Act 2010 to consider granting additional rest as a reasonable adjustment. Requesting additional rest breaks as a reasonable adjustment is distinct from asserting your statutory Working Time Regulations entitlement, and both routes may be available depending on your circumstances.

Finally, note that the right to rest breaks applies during the working period. Where your employer offers a shift swap or asks you to extend your shift at short notice in a way that would breach the daily rest requirement, you are entitled to decline without detriment. Keep a record of any requests that would breach your rest entitlement — these records may be important evidence in any subsequent grievance or tribunal claim.

Workers in the hospitality, retail, and social care sectors — where rest break breaches are particularly common — should also be aware that the Employment Rights Bill 2024 proposed to strengthen worker protections against detriment for asserting statutory rights. Under current law, you are already protected from dismissal or detriment for exercising your Working Time Regulations rights. If you face any adverse treatment — reduced hours, a demotion, or exclusion from shift preferences — for asserting your rest break entitlement, this may be an unlawful detriment. Document any adverse change after you assert your rights, as the timing of such changes is often persuasive evidence at a tribunal. If multiple colleagues are facing the same rest break issues, consider whether a collective grievance or a union-led approach might be more effective than individual complaints — collective action on working time breaches is often resolved more quickly where employers understand the systemic nature of the problem. The Acas website has a dedicated guide on working time rights that is a practical starting point for workers and managers alike.