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What is the law on breaks at work?

What is the law on breaks at work

We all need breaks at work to thrive – even managers and business owners! When you skip breaks, or witness your staff doing so, it can quickly snowball into an unhealthy habit if unmanaged.

According to research from Mastercard and YouGov, fewer than half of UK adults take regular work breaks. A significant number work through their work breaks, with estimates suggesting 50-80% of employees work through their lunchtimes or take a shorter break than entitled.

Discover the laws you and your people should be aware of when it comes to work breaks in the UK, the consequences of not taking work breaks and how you can encourage your people to ensure they take space away from their workstation.

Workplace break laws

The legislation that governs an employee’s break entitlement at work is the 1998 Working Time Regulations. That, together with their contract of employment, determines what they’re entitled to—and how long for.

In general, all employees over 18 have the right to:

• 11 consecutive hours’ rest in any 24 hours - Daily rest.

• At least 20 minutes' break when they work for more than six hours (although you may allow for longer or more frequent breaks) - Rest breaks at work.

• Not work more than 48 hours per week on average (but employees may ‘opt-out’ of this to work longer hours) - Weekly rest.

• Limiting their normal working hours to an average of eight hours in any 24 hours (applicable to night workers).

A survey of 1,700 employees conducted by the National Charity Partnership in 2016 found up to 70% spend their allocated rest periods at work at their desks.

Of this figure, 24% admitted to working during this period—the other 46% admitted to browsing the internet.

There are regulations in place that govern your employees’ rights to appropriate breaks at work. They’re entitled to three different types of rest periods, which are:

• Rest breaks at work.

• Daily rest.

• Weekly rest.

As well as the morale and productivity of your workforce, the effects of regular breaks (or the lack thereof) may also reflect on mental health in the workplace.

Break times at work and mental health – why it’s important

It’s not uncommon for some staff members to spend their lunch breaks at their desks. While it may seem like a good idea at the time, not taking breaks at work can end up having negative effects on their physical and mental wellbeing.

The first and most common effect on your employees’ mental health is an increase in:

• Anxiety attacks.

• Burnouts.

• Breakdowns.

• Stress.

• Other mild cognitive impairments.

Smoking breaks at work

When it comes to work and smoke breaks, there is an obvious disparity created between employees. A debate on whether smokers are allowed additional breaks emerges, and how it will directly affect production and morale.

Currently, there is no legal right to "smoking breaks" in the UK. However, the law requires adult employees who work more than six hours to receive one uninterrupted rest break of at least 20 minutes (which can be used for smoking, coffee, or lunch).

It’s worth noting that as an employer, you can legally ban smoking on-site, and instead designate smoking areas outside of the building.

Benefits of regular breaks and rest periods at work

We’ve established that working through break times when working can cause stress, fatigue and other issues that can affect mental health in the workplace.

Taking breaks at work benefits you and your staff. By encouraging them to take regular rest periods, you’re creating better employees.

From a boost in productivity to improved mental wellbeing, it has many research-backed health, wellness and performance advantages. Other benefits include:

• A more engaged workforce.

• Increased productivity and performance.

• Reduced injuries in physically demanding roles.

• A boost in creativity.

• Reduced presenteeism and absenteeism.

• Improved job satisfaction.

How to encourage employees and workers to take regular breaks

The culture in some working environments is one where staff taking their lunch breaks at work are seen as “lazy” or “slackers”, while those who stay at their desk working are more dedicated. It’s important to change this mentality.

1. Normalise breaks

The first step to addressing this issue is to practice what you preach. If you want your employees to take more breaks, you need to do the same. When staff members see those in management taking regular breaks throughout the day, they're encouraged to do the same.

2. Create designated break rooms or areas

To encourage regular breaks, consider revamping break rooms. It’ll act as a ‘safe space’ for when employees need to take some time away from their desks. The space should be comfortable, with appropriate furniture for relaxing and eating. If you’re so inclined, you can even add a TV and maybe a games console.

3. Consider paid breaks

While there’s no entitlement to paid breaks at work, you can choose to offer this to your employees. If you do, remember to include the terms and conditions in their employment contract.

4. Dismantle the culture of overworking

If you’re a business owner, it’s likely you’ll work beyond your typical 9-5. However, employees – including managers and leaders – should not have the same expectation. In order to get the best out of your people, it’s important to promote work-life balance, so that they can come into work without burning themselves out.

5. Encourage regular small breaks

No one can solidly work 9-5 in one go, nor is it healthy to! A small break can be something as simple as making a cup of tea and bringing it back to your workstation, or doing a lap around the office to get yourself moving. Employers should encourage these smaller breaks to help people understand the value of taking time away to reset and recharge.

How an Employee Assistance Programme can help

If you want to support your people in achieving work-life balance, utilising their breaks and minimise the risk of stress and burnout, an Employee Assistance Programme (EAP) can work wonders. With HA | Wisdom Wellbeing, we supply mental health and wellbeing content to businesses to circulate to employees, as well as a employee wellbeing and benefits app which includes 24/7, 365 access to a counsellor. By regularly signposting information on mental health, you encourage people to take their wellbeing seriously. If you would like to find out more, please contact HA | Wisdom Wellbeing on 0800 028 0199

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HA | Wisdom Wellbeing

HA | Wisdom Wellbeing is the UK and Ireland’s leading EAP provider. Specialising in topics such as mental health and wellbeing, they produce insightful articles on how employees can look after their mental health, as well as how employers and business owners can support their people and organisation. They also provide articles directly from their counsellors to offer expertise from a clinical perspective. HA | Wisdom Wellbeing also writes articles for students at college and university level, who may be interested in improving and maintaining their mental wellbeing.

Support your employees with an EAP

With an Employee Assistance Programme (EAP) from HA | Wisdom Wellbeing, we can offer you practical advice and support when it comes to dealing with workplace stress and anxiety issues.

Our EAP service provides guidance and supports your employees with their mental health in the workplace and at home. We can help you create a safe, productive workspace that supports all.

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