This article was originally posted in July 2019, but it has been since revised - please find the latest version here.
Employment law on breaks can seem confusing to some employers.
Having a clear idea of the rights of your employees and their break times in the UK is vital if you own a business.
There are all different kinds of breaks, from work breaks to cigarette breaks - which are workers entitled to, and for how long?
Here, we’ll break it all down, so you have a much better idea of what you need to be doing as an employer.
There are exceptions to the rules in certain cases, for example, people carrying out a specific type of work or younger workers. They are as follows:
In some industries, it is compulsory for employees to take regular rest breaks, for example, drivers. The EU sets out rules for people undertaking work as drivers. This includes people who drive goods vehicles or drivers of vehicles with space for more than 9 passengers. Those who drive for a living must observe EU rules on driving hours. They must:
In addition, drivers must get sufficient rest breaks during their shifts:
Employers should be mindful that drivers are an example of mobile workers and where an employer makes use of mobile workers, they should be careful and ensure that workers comply with regulations.
In certain cases where employees are not entitled to rest breaks or rest periods, they might take something called compensatory rest. This should equate to the amount of time they would have had in rest breaks or rest periods if they were entitled to them. For example, this may include the following situations:
Smokers and non-smokers often experience tension, which can later result in interrupted workflow and decreased productivity.
Taking the issue seriously is vital.
Employees do not have additional rights to take extra smoking breaks, but can smoke in their rest breaks.
You might want to come up with a smoking policy if you are afraid that it will cause tension between workers. Having the same rules for vapers and smokers is also a good idea as this will reduce further divisions and tensions.
There is no legislation out there that pertains to an employee’s right to take religious breaks.
You can make it a contractual agreement if you want to, which means their religious breaks will be inserted into their employment contract. Alternatively, you could simply agree on the process.
Although there’s no legislation on religious breaks, if somebody requests the right to a religious break, you cannot treat them differently than any other person on your team.
Common sense and compassion are two huge factors that should help you to decide what to do if somebody wants to take a religious break. If it is essential that your employee doesn’t take too much time away from their desk, they may be willing to make it up in other ways.
Both employers and employees need to be sure they understand their rights and responsibilities to do what is legally correct.