The Working Time Regulations (1998) state that a worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start or at the end of a working day.

Regulation 10 of the Working Time Regulations (1998) states that a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer. However, there are a number of special circumstances in which the entitlement to rest periods does not apply, for example, where the activities involve a need for continuity of service or production, or where there is a foreseeable surge of activity. Also, if a shift worker changes shift, it may be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

An adult worker is also entitled to one day off a week, but this can be averaged over two weeks.

There are also different requirements for young or adolescent workers. If a young worker is required to work more than four and a half hours at a time, then they are entitled to a break of thirty minutes. A young worker is also entitled to twelve uninterrupted hours each twenty-four hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to two days off each week and this cannot be averaged over two weeks.

There is a free guidance book and leaflet produced by the DTI (Department of Trade and Industry), which can provide more information. These publications are available from the DTI on Tel: 0845 6000 925 and the references are URN 00/633 for the book and URN 00/632 for the leaflet.

In addition to the Working Time Regulations, an employer also has a duty of care towards employees under the Health and Safety at Work etc. Act (1974). The general duty imposed on all employers is to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

If you require further advice regarding work rest breaks, please contact ACAS at Frawborough House, 123 Bothwell Street, Glasgow G2 7J. ACAS enforce these sections of the regulations, while HSE enforce the parts of the regulations dealing with the 48-hour week, night work limits, night work health assessments and workforce and collective agreements.