Working long shifts with no breaks: who helps?

Summary

Adult workers are entitled to a 20 minute rest break when they work more than 6 hours in a day, plus 11 hours' rest between working days. Employers should organise work so breaks can actually be taken, not just allow them in theory. Tribunals have said that a worker does not have to ask for every break if the way the work is set up makes breaks impossible. A claim must start within 3 months of the missed break and compensation is often modest, so the most useful step is usually to raise it in writing and get the rota fixed.

Key information

• The break: 20 minutes without interruption, away from your workstation, for shifts over 6 hours. Workers under 18 get 30 minutes after 4.5 hours.
• Daily and weekly rest: 11 hours between shifts, and 24 hours each week (or 48 hours each fortnight).
• Paid or unpaid: the law does not require breaks to be paid. Check your contract.
• Managers: only people who truly control their own working time are outside the rules. A manager on set shifts is usually still covered.
• Time limit: a tribunal claim is due within 3 months less one day of each missed break, after ACAS early conciliation. Older breaks are usually out of time.
• Protection: you must not be treated badly or dismissed for asserting these rights, whatever your length of service.
• Contract type: employees and workers are covered. Self employed contractors are not.
• ACAS can: explain the rules using rest breaks and working hours; explain the grievance procedure and run early conciliation if you claim. They will not tell your employer to change rotas, or represent you.
• A union can: raise staffing and breaks with management and support a grievance. They will not usually act on issues before you joined. Find one via the TUC.
• Citizens Advice can: explain your rights using rest breaks at work. They will not contact your employer or bring a claim.

Practical guidance

• Keep a log from today: shift times, whether you got a break, and why not (for example, alone on shift).
• Raise it in writing with your area manager or HR. Ask how breaks will be covered on the rota.
• Call the ACAS helpline before escalating.
• If nothing changes, raise a formal grievance. Bring a union rep if you have one.
• If breaks are still refused, consider early conciliation and a tribunal claim within the time limit.
• Speak to a solicitor if you are treated badly or dismissed after raising it.
• Ask the Shaman to map the steps and dates.

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