Health, Safety and Environment

Working Time Regulations – Rest Break Victory for UK Workers

12 January 2007

Following a complaint by UK trade union 'Amicus' to the European Commission in 2001, The European Court of Justice (ECJ) has ruled that the UK Government has broken the law by failing to enforce employees' rights to breaks at work.

The ECJ judgement refers to elements of the Working Time Directive whereby the UK Government was alleged to have failed to transpose the European Working Time Directive correctly and legally into the UK Working Time Regulations.

In the complaint it was argued that the implementation of the European Working Time Directive in the UK (through the UK Working Time Regulations) encouraged employees not to take breaks at work – breaks that are required by law.

Workers are entitled to an uninterrupted rest period of 11 hours between each working day and a full day off every week (or two days every fortnight). Also workers who work six hours or more in one go are entitled to a rest break of at least 20 minutes.

However the DTI advice on working time rest breaks had stated that:

"Employers must make sure that workers can take their rest, but are not required to make sure they do take their rest."

The European Commission agreed that this was in breach of the Directive and the case went to the European Court of Justice, which upheld the complaint against the UK Government. As a result the DTI has amended its advice to employers on working time rest breaks and rest periods which now reads:

"Employers must make sure that workers can take their rest."

What workers are entitled to:

• A rest break of 20 minutes if working a period of 6 hours in one go – the rest break should be taken during the 6 hours, not at the beginning or end or end of it.
• An uninterrupted rest period of 11 hours between each working day.
• A full day off every week – or a full 2 days every fortnight. Days off can be averaged over a two-week period, meaning workers can take two days off a fortnight. Days off are taken in addition to paid annual leave.

These are in addition to the statutory minimum 4 weeks paid annual leave that workers are entitled to.

Special rules for young workers:

• A rest break of 30 minutes if working a period of 4 hours 30 minutes in one go – the rest break should be taken during the 4 hours 30 minutes, not at the beginning or end.
• An uninterrupted rest period of 12 hours in every 24 period in which they work.
• A full 2 days off each week – not averaged out over a fortnight.

Opting out

It is a common misconception that workers who opt out of the working time weekly hours limit are opting out of the whole of the Working Time Regulations. In fact it is only the weekly 48 hour limit that can be opted out of. Even if workers opt out of the 48 hour limit they are still limited to working a maximum 78 hours per week if they take all their entitled rest.