Working in hospitality can be so fast paced that sometimes it feels like you don’t get a break. Maybe your pub is in a busy rush hour that’s never ending, and perhaps you’re understaffed, but does that mean that you should lose your break? What are you legally entitled to and what can you advocate for? We have all the information you might need to keep yourself informed.
By law (The Working Time Regulations 1998), you have the right to:
- Every workday, if your shift is over 6 hours long, a 20-minute rest break.
- Between your shifts, an 11-hour rest between finishing and starting work.
- As a full-time worker, 24 hours every 7 working days, OR 48 hours every 14 working days.
Every year, an allotted holiday entitlement corresponds with your contract.
For more information about holiday entitlement, see our blog here
All of the above, while applicable to full-time and part-time workers, all apply to zero hour contract workers!
While this may be the case, there are sometimes exceptions with pubs at seasonal time, or high events. Legally, When the job needs it, the rules they’re exempt from are the 48-hour weekly limit, rest breaks, daily rest and weekly rest. If people in these types of jobs have to work through their normal rest, they must still get ‘compensatory rest’. This means they must get the same amount of rest at another time.
Why is rest important?
Rest is important not only to follow the law but because it protects the pub and its staff and customers. If staff do not get enough rest, it could lead to:
- negative effects on their physical and mental health
- mistakes or accidents
- reputational damage or financial cost to the pub
- legal action, such as an employment tribunal or enforcement proceedings by the Health and Safety Executive (HSE) or local authority
For more information about mental health, visit our wellbeing blogs or give our partners So Let’s Talk, or the Licensed Trade Charity, a call.
Rest breaks during the working day
If someone works more than 6 hours in a day, they have the right to a rest break of at least 20 minutes.
These rest breaks should be:
- planned in advance
- taken during the working day, not at the start or end of the day
If they work more than 6 hours, there’s no automatic right to more breaks. For example, a 12-hour shift does not mean they’re entitled to a 40-minute break, but the employer should consider it.
Extra breaks
- An employer can offer longer or extra breaks in the working day, such as:
- a lunch hour
- breaks for smokers
Employers must also consider any need for extra breaks for the health and safety of everyone, depending on the type of work their organisation does. For example, people doing repetitive or very heavy work may need more rest breaks.
Someone might ask for extra rest breaks due to a disability. Your employer must agree to this if it’s a reasonable adjustment.
Any rules on extra breaks should be written in your employment contract.
The employee or worker has the right to take their rest break:
- uninterrupted
- away from where they work
- at a time that’s not the very start or end of their working day
There is no entitlement to pay for this break unless either:
- it’s written in the employment contract that it’s paid
- the employer has agreed with the employee that it’s paid
If there needs to be a change to how this break is taken
In rare circumstances, someone might have to take their break in a different way. This could be if something happens at work that’s unexpected and outside of the employer’s control, for example an accident or emergency.
In this situation the right to rest stays the same, so they should still find a way to rest but this could be in a different way. For example, they could still have their 20-minute break but take it later in the day.
Rest between working days
Employees and workers must get at least 11 hours’ uninterrupted rest between finishing work and starting work the next day.
If this is not possible, the employer must make sure the person still gets their rest. For example, because of the way shifts are arranged or because there’s an emergency at work.
Rest during the working week
Employees and workers are entitled a minimum amount of rest depending on how long they have worked:
- in a 7-day period – at least 24 hours of rest
- in a 14-day period – at least 48 hours of rest, which they can take as 1 block of 48 hours or 2 blocks of 24 hours
Shift workers
Someone might not be able to take their full 11 hours uninterrupted rest when their shifts change. For example, when they change from doing 3pm to 11pm shifts to doing 6am to 3pm shifts.
The same applies to those whose work is split up over the working day (sometimes called ‘split shifts’). For example, a cleaner who works from 6am to 9am, and again from 3pm to 7pm each day.
Employers should still do all they can to provide enough rest for the worker. This is to:
- protect everyone’s health, safety and wellbeing
- reduce risk of tiredness that can cause mistakes, accidents and high rates of sickness
If your think you’re not getting the right rest
If you think you aren’t getting the right rest with your shifts, you should
- talk with your employer
- raising a grievance – making a formal complaint to their employer
If the employer still does not resolve it, depending on the issue the employee might be able to:
- make a claim to an employment tribunal
- report it to the Health and Safety Executive (HSE) or their local authority
