Do we need to pay employees for time spent on rest breaks?
Published on: 03/09/2019
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Do we need to pay employees for time spent on rest breaks?

Regulation 14 of the Working Time Regulations (Northern Ireland) 2016 (“WTR”) provides that if a worker works for more than 6 hours a day then they are entitled to leave their workstation for the purposes of a rest break. This break lasts for a maximum of 20 minutes and workers are only entitled to one break no matter how much they work beyond the 6 hour period.

The rest break constitutes a period in which the worker is freed from their work duties. While there is a statutory right for a worker to take a rest period, there is no legislation which states that a worker must be paid during a rest period under Regulation 14 of the WTR. It is at the employer’s discretion whether or not to pay a worker during their break. It is often the case that an employee's contract or an employee handbook will shed light on this area. Therefore, it is important that employers review contracts and any applicable policy/procedure at regular intervals to ensure that rules governing rest periods are sufficiently clear. 

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/09/2019