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  |  Office Culture  |  Your rights  |  Am I entitled to a break?
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Am I entitled to a break?

by Work Rights Expert, Rachel Lewis

question

I am currently working on a shift basis - four days on and four days off - with shifts of 12 hours a day. I have a 30 minute lunch break and would like to know what the law is regarding breaks. I am working in an office in front of a VDU for the duration of the 12 hours. It works out that I do a total of 2,190 hours in a year.

Chris

answer

Hi Chris
The Working Time Regulations 1998 (the basic law in this area) state that adult workers are entitled to a rest break when their working day is more than six hours. Assuming there is no collective or workforce agreement, you are entitled to a rest break for an uninterrupted period of not less than 20 minutes. You are entitled to spend that break away from your workstation. Therefore your 30-minute lunch break does not seem to contravene these regulations - although it's not exactly generous.

However, your employer must also comply with the Health & Safety (Display Screen Equipment, or DSE) Regulations, 1992. These Regulations state that an employer must plan work activities so that 'daily work on DSE is periodically interrupted by such breaks or changes of activity as reduce their workload at that equipment' (Regulation 4).

The Guidance to the Regulations states:

  1. Breaks should be taken before the onset of fatigue, not in order to recuperate.
  2. Breaks should be included in working time.
  3. Short breaks of 5-10 minutes every 50-60 minutes are more satisfactory than occasional longer breaks.
  4. Breaks should be taken away from the screen where possible.
  5. Informal breaks appear to be more effective than formal breaks.

Therefore, your employer should really be allowing you more breaks and more flexibility in deciding when you take them. Could you and your colleagues try raising this jointly in a constructive way? If that doesn't get you anywhere, you could consider a formal grievance.



Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues

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