Rest breaks and rest periods

New and updated

• Type:

  Employment law guide

  Rest breaks and rest periods

  The law on rest breaks and rest periods, including the implications of the Working Time Regulations 1998, the temporary changes in place during the relaxation of the enforcement on EU drivers' hours and domestic drivers' hours rules due to the coronavirus (COVID-19), exclusions, and complaints to employment tribunals.

• Type:

  Employment law cases

  Working time: Threat to dismiss was unlawful detriment

  In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that a kitchen porter had been subjected to a detriment when he was threatened with dismissal after he refused to return to work following a breach of his right to a rest break.

• Type:

  Employment law cases

  NHS trust's monitoring of junior doctors' rest breaks is "flawed"

  In Hallett v Derby Hospitals NHS Foundation Trust, the Court of Appeal held that an NHS trust's use of commercial software to monitor rest breaks results in a breach of junior doctors' terms and conditions of service.

• Type:

  Policies and procedures

  Working hours policy

  A model policy to set out the principles regarding employees' working hours.

• Type:

  Employment law cases

  Working time: Compensatory rest period need not be one continuous break of 20 minutes

  In Network Rail Infrastructure Ltd v Crawford, the Court of Appeal held that, under reg.24 of the Working Time Regulations 1998 (SI 1998/1833), a compensatory rest period need not consist of an uninterrupted 20 minutes provided that it has the same value in terms of contributing to the worker's wellbeing.

• Type:

  Employment law cases

  Working time: No compensation for injury to feelings for rest break failures

  In Santos Gomes v Higher Level Care Ltd, the Court of Appeal held that compensation for injury to feelings is not available in a claim under the Working Time Regulations 1998 (SI 1998/1833) for a failure to provide 20-minute rest breaks..

• Type:

  FAQs

  Where a worker is entitled to a 20-minute rest break under the Working Time Regulations 1998 can this be taken as two 10-minute breaks?

• Type:

  Employment law cases

  Working time: ECJ rules on timing of weekly rest periods

  In this Portuguese case, the European Court of Justice (ECJ) has held that the weekly rest period of 24 hours may be granted on any day during each seven-day period, and not necessarily the day following six consecutive working days.

• Type:

  Employment law cases

  Working time: employers must take active steps to provide rest breaks

  The Employment Appeal Tribunal (EAT) has held that an employer has a proactive duty to ensure a worker's entitlement to take a rest break, and that entitlement will be "refused" if the employer puts into place working arrangements that fail to allow the taking of the required rest break.

• Type:

  Employment law cases

  Compensation: employer failing to provide rest breaks not liable for injury to feelings

  The Employment Appeal Tribunal has considered if a tribunal can award compensation to an employee for injury to feelings where the employer fails to provide 20-minute rest breaks in breach of the Working Time Regulations 1998.