Working Time Regulations – Working Hours, Rest Breaks and Holiday Entitlements Guide

Our advice regarding working hours, rest breaks and holiday entitlements is updated regularly.  Let us break it down for you here!

Including……. The Government Department for Business, Innovation and Skills (previously BERR) has guidance that says a worker, even if they fall into one of these categories, must have a right to a minimum of 90 hours rest per week. Compensatory rest does not necessarily need to come out of time that would otherwise have been working time. A court case in 2012, Hughes v Corpos of Commissionaires Management Ltd confirmed that interrupted rest breaks can still count as compensatory rest and that when considering whether or not a worker is a ‘special case’ worker, it is the workers activities that have to be considered, not those of the employer.

In addition, there is also the principle of Unmeasured Working Time. This applies to a Worker whose working time is not measured or pre-determined (and where the Worker has control over the number of hours they work) who is then excluded from all rest break provisions and the 48 hour maximum weekly working hours (see next section). This generally applies to Company Directors (and specifically those with autonomous decision making powers), Managers, Family Workers and Religious Workers. Breaches of rest-break provisions are made through a claim to Employment Tribunal (within 3 months of the breach) – although compensation is usually very limited – or via claims to the Health and Safety Executive.

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