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Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest.

Rest breaks at work

Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.

The break doesn鈥檛 have to be paid - it depends on their employment contract.

Daily rest

Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn鈥檛 start work again until 7am the next day.

Weekly rest

Workers have the right to either:

• an uninterrupted 24 hours without any work each week
• an uninterrupted 48 hours without any work each fortnight

Work that puts health and safety at risk

An employer should give an employee enough breaks to make sure their health and safety isn鈥檛 at risk if that work is 鈥榤onotonous鈥� (eg work on a production line).

Domestic workers in a private house (eg a cleaner or au pair) aren鈥檛 entitled to rest breaks for health and safety reasons.

Employers can say when employees take rest breaks during work time as long as:

• the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
• workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)

It doesn鈥檛 count as a rest break if an employer says an employee should go back to work before their break is finished.

Unless a worker鈥檚 employment contract says so, they don鈥檛 have the right to:

• take smoking breaks
• get paid for rest breaks

Exceptions and special circumstances

There are exemptions to the rights to rest breaks.

Some workers are entitled to compensatory rest breaks, eg shift workers.

Young people and lorry and coach drivers have different rights to rest breaks.

Workers may be entitled to 鈥榗ompensatory rest鈥� if they don鈥檛 have the right to specific rest breaks. Compensatory rest breaks are the same length of time as the break (or part of it) that they鈥檝e missed.

A worker may be entitled to compensatory rest if:

• they鈥檙e a shift worker and can鈥檛 take daily or weekly rest breaks between ending one shift and starting another
• their workplace is a long way from their home (eg an oil rig)
• they work in different places which are a reasonable distance from each other
• they鈥檙e doing security and surveillance-based work
• they鈥檙e working in an industry which is very busy at certain times of the year 鈥� like agriculture, retail, postal services or tourism
• they need to work because there鈥檚 an exceptional event, an accident or a risk that an accident is about to happen
• the job needs round-the-clock staffing so there aren鈥檛 interruptions to any services or production (eg hospital work)
• they work in the rail industry on board trains or their job is linked to making sure trains run on time
• their working day is split up (eg they鈥檙e a cleaner and work for part of the morning and the evening)
• there is an agreement between management, trade unions or the workforce (a 鈥榗ollective鈥� or 鈥榳orkforce鈥� agreement) that has changed or removed rights to these rest breaks for a group of workers

Workers aren鈥檛 entitled to the 3 general types of rest break if they work in:

• the armed forces, emergency services or police and they鈥檙e dealing with an exceptional catastrophe or disaster
• a job where they freely choose what hours they work (like a managing director) or where the work is not measured (ie no set hours)
• sea transport
• air or road transport (known as 鈥榤obile鈥� workers)

Air, sea or road transport workers may be covered by special rules that give them different rest rights.

Mobile workers not covered by any special rules usually have the right to regular rest so that their health and safety (or anyone else鈥檚) isn鈥檛 put at risk.

There are also special rules for young workers and for lorry and coach drivers.

Young workers (above school leaving age and under 18) are usually entitled to:

• a 30 minute rest break if they work more than 4.5 hours (if possible this should be one continuous break)
• daily rest of 12 hours
• weekly rest of 48 hours

Exceptions for young workers

Young workers sometimes aren鈥檛 entitled to daily rest or rest breaks at work if their work has to be done because of an exceptional event (eg an accident). This is only where:

• there isn鈥檛 a worker over 18 who can do the work
• the work is temporary and must be done immediately

Compensatory rest for young workers

Young workers have the right to compensatory rest if they鈥檙e not entitled to daily rest or rest breaks at work. This is the same amount of rest that they should have had. It can be taken just after any rest they鈥檝e missed but it must be taken within the following 3 weeks.

Workers who can鈥檛 take or aren鈥檛 allowed rest breaks should speak to their manager informally.

Workers can also get advice on rest breaks from the Acas helpline.

If a worker can鈥檛 solve a problem, they may be able to make a claim to an employment tribunal.