Understanding your entitlement to rest breaks isn’t just about knowing the law. It’s about protecting your wellbeing and ensuring your employer is meeting their obligations.
Your legal right to step away
Under the Working Time Regulations 1998, most adult workers in England and Wales are legally entitled to a break. Here’s what the law says:
Adults (18+):
- If you work more than 6 hours, you’re entitled to a 20-minute uninterrupted break.
- It must be taken during your working hours, not at the start or end of your shift.
- It doesn’t have to be paid, unless your contract says otherwise.
Young Workers (Under 18):
- If you work more than 4.5 hours, you’re entitled to a 30-minute break.
These breaks are a legal minimum. Your contract or workplace policy might offer more generous terms, so it’s worth checking.
Why breaks aren’t just nice, they’re necessary
Skipping your lunch might feel productive in the moment, but it can backfire. Regular breaks:
- improve focus and productivity
- reduce stress and burnout
- boost overall wellbeing
For employers, encouraging breaks leads to fewer mistakes, better morale, and a healthier team. It’s a win-win.
When the rules bend: exceptions to the law
Some roles, like those in transport, healthcare, or jobs requiring constant monitoring may have different arrangements. In these cases, you might be entitled to compensatory rest. This means that if you can’t take your break at the usual time, you should be allowed to take it later at a reasonable opportunity.
Employers also have flexibility in scheduling breaks, but they cannot place them at the very start or end of your shift.
Unpaid breaks: what does that mean for you?
Not being paid for your lunch break doesn’t mean you lose the right to take it. The key difference is whether the time counts toward your paid hours. Regardless of pay, your employer must still ensure you can take your break.
If your contract states that breaks are unpaid, this should be clearly communicated, but it should never be used as a reason to deny you your legal rest.
What to do if you’re denied a break
If you’re being pressured to skip your break or feel your rights are being ignored:
- Raise it informally with your manager
- If unresolved, submit a formal grievance in writing
- Seek legal advice to understand your options
Our employment law team is here to support you. Whether you’re an employee protecting your rights or an employer ensuring compliance, we offer clear, practical guidance tailored to your situation.
Don’t let workplace pressure override your legal rights. If you have concerns about rest breaks, grievances, or employment contracts, contact our Employment Law team today on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
