Rest breaks and rest periods

New and updated

• Type:

  Employment law manual

  Rest breaks and rest periods

  Updated to reflect that the temporary relaxation of the enforcement of the EU drivers' hours rules, expired on 10 February 2022.

• Date:

  3 October 2019

  Type:

  Law reports

  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.

• Date:

  7 August 2019

  Type:

  Law reports

  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 documents

  Working hours policy

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

• Date:

  13 March 2019

  Type:

  Law reports

  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.

• Date:

  21 March 2018

  Type:

  Law reports

  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?

• Date:

  16 January 2018

  Type:

  Law reports

  Working time: Compensatory rest period must be one continuous break of 20 minutes

  In Crawford v Network Rail Infrastructure Ltd, the Employment Appeal Tribunal (EAT) held that, as far as possible, compensatory rest must comprise a continuous 20-minute rest break, not an aggregate 20 minutes of shorter breaks.

• Date:

  24 November 2017

  Type:

  Law reports

  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:

  Policies and documents

  Working time for executive directors who are employees contract clause

  A model contract clause setting out an executive director's position in relation to the working time rules on paid annual leave, working hours, rest breaks and night working.