Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
The Working Time Regulations 1998
Rest breaks and rest periods
Exclusions
Complaints to an employment tribunal
Road transport sector

Summary

3.1432

• Under the Working Time Regulations 1998 (SI 1998/1833) workers have the right to a minimum daily rest period between each working day or shift.  (See 3.1435 Rest breaks and rest periods)
• Workers also have the right to a minimum weekly rest period. (See 3.1435 Rest breaks and rest periods)
• Adult workers have the right to a minimum daily rest break of 20 minutes in every working day lasting more than six hours. Workers under the age of 18 have the right to a minimum rest break of 30 minutes in every working day lasting more than four and a half hours. (See 3.1435 Rest breaks and rest periods)
• Some categories of worker are excluded from these rights. (See 3.1436 Exclusions)
• A worker who is denied his or her statutory right to rest breaks and rest periods may complain to an employment tribunal. (See 3.1437 Complaints to an employment tribunal)
• Separate entitlements apply to mobile workers subject to the EU drivers' hours rules. (See 3.1438 Road transport sector)

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Future developments

3.1433 Working Time Directive: In April 2009, the members states, the European Parliament, and the European Commission failed to reach agreement on proposals to remove the working time opt-out; divide on-call time into active and inactive time; and revise the method of calculating the working time of employees covered by more than one contract of employment. The proposed removal of the opt-out was the main source of disagreement, with some member states, including the UK, insisting that the opt-out is essential.