As a shift worker, you’re always wondering if you’re being treated fairly or not. Specifically, you’re asking: how many breaks are you legally entitled to during a 12-hour shift in the UK?
At Premier Legal, we provide HR Support Services, making us perfectly placed to tackle this topic. Below, you will find a guide explaining the legalities surrounding shift works and breaks, dictating exactly what you’re entitled to.
What is the UK Law on Breaks at Work?
In UK law, there’s something called The Working Time Regulations 1998 which stipulates the legal break allowances for employees and workers.
It’s outlined in the legislation that there are no legal requirements for lunch breaks.
However, most adult workers are legally entitled to one uninterrupted 20-minute rest break if they work for more than six hours
Employers can provide longer or additional breaks through employment contracts or workplace policies.
If you suffer from a disability, you’re also entitled to request an extra rest break throughout the day. Employers have a duty under the Equality Act 2010 to consider reasonable adjustments where appropriate.
How Long of a Break Do You Get With A 12-hour Shift in the UK?
The minimum entitlement of 20 minutes does not automatically increase for a 12-hour shift.
It’s important to note that the majority of employers offering 12-hour shifts will provide an extra break for workers. Forcing employees to work for 6 hours at a time is highly unreasonable and can lead to burnout.
We recommend reading through your contract and seeing what it says about breaks there. If the company explicitly says you’re entitled to two 20-minute breaks on a 12-hour shift, you can take them even if your manager tries to stop you.
Legally, all employees are allowed:
- One 20-minute rest break during the working day
- 11 hours’ rest between finishing and starting work. For example, if you work an 8am–8pm shift, you can’t legally be forced to come in at 7am the next day.
- At least one uninterrupted 24-hour rest period each week, or 48 hours each fortnight
Are Breaks Paid in the UK?
The Working Time Regulations also state that rest breaks are NOT paid.
It is up to the employer to decide whether or not to pay employees for their rest time, and most will not.
Having said that, if an employment contract stipulates that you WILL be paid for breaks, you must check that this happens.
Look at your timesheets and check your pay every month to ensure the employer is paying you for breaks if it’s written into your contract. If they aren’t, you can take legal action to claim unpaid hours and possibly added compensation.
What are the Legal Requirements for Breaks at Work?
As well as being entitled to 20-minute breaks if you work 6 hours during a day, there are other legal requirements surrounding rest breaks at work.
Employers can tell workers when to take their breaks, though three conditions should be met:
- The employee is allowed to take their break away from their place of work. If you work at a desk, this will mean you can leave it and sit elsewhere during the break.
- The break is allowed to go uninterrupted – unless there are extreme circumstances. This stops employers from cutting breaks short just to get people back to work quicker.
- The break must be taken at some point during the working day that isn’t right at the start or the very end. This allows the employee some proper rest during working hours.
Can Your Employer Split Your 20-Minute Break?
The statutory rest break should normally be one uninterrupted period of at least 20 minutes.
In most circumstances, an employer cannot replace this minimum entitlement with two separate 10-minute breaks unless a lawful exemption or workforce agreement applies. The break should also be taken during the working day and should not be interrupted.
What About Night Workers?
Working overnight does not automatically entitle you to longer rest breaks under the Working Time Regulations.
However, night workers benefit from additional legal protections, including limits on average working hours in many circumstances and access to health assessments.
Many employers choose to provide additional breaks during long overnight shifts as part of their wider health and safety responsibilities.
What Can I Do If I Don’t Get Breaks At Work?
If you aren’t being given the legal break entitlement for a 12-hour shift, you should speak to a solicitor and discuss potential legal action.
At Premier Legal, we have a range of services for employees that you may find useful.
If you’re an employer that’s unsure about rest breaks and doesn’t know how to allocate them without incurring legal trouble, contact us today. We provide HR support services for Employment Policies and Procedures that’ll help you outline break arrangements and avoid mistreating any employees
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.