Can employees work through their breaks if they want to?

This is a question that our clients ask on a regular basis when employees wish to work through their breaks to either finish early or make time up for lateness.  The Working Time Regulations (WTR) 1998 were introduced to ensure the health, safety and wellbeing of employees by regulating the hours they work. Breaks are a legal entitlement, and employers should ensure that employees take required breaks, even if the employee prefers to continue working.

Workers are legally entitled to one uninterrupted 20-minute rest break when working more than 6 hours a day. This break should ideally be taken away from their workstation or working environment. The break could be a lunch break or tea break and does not have to be paid by the employer, depending on what is written into a worker’s employment contract.

These rest breaks should be planned in advance and taken during the working day itself, not at the start or end of the working day.

When someone’s working day is more than six hours, they do not automatically qualify for more rest breaks. Therefore, if someone works a 12-hour shift they are not entitled to a 40-minute break, although employers should consider granting longer breaks.

In short, employees can choose to waive their right to breaks. However, this must be done in writing and with the agreement of the employer. Employees should only waive their right to breaks if they are sure that they will be able to work without a break. For example, an employee who is working on a time-sensitive project may choose to waive their right to breaks in order to meet a deadline. Should you wish to discuss this further, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk