Q: We have just taken on our first employee and not sure what the rules are regarding breaks and whether we have to pay for them?
A: Under the Working Time Regulations 1998 (WTR) an adult worker is entitled to a 20-minute break if they work more than six hours, and 11 hours of uninterrupted rest per day (workers under 18-years-old are entitled to more).
So this entitlement is usually complied with by offering an unpaid (sometimes paid – it’s your choice) lunch break of 30 - 60 minutes.
Working time is any period when an employee is working, carrying out their duties, and at their employer's disposal (all three elements need to be present). It includes any time that someone receives relevant training or as per a relevant agreement.
Paid overtime, time spent on call in the workplace, travel as part of a job and working lunches all amount to working time, whereas rest breaks, annual leave, work-related social events, and travel to work are not (with exceptions for peripatetic workers). Realistically there will always be situations when the position on working time is unclear.
The WTR does have some exceptions and different rules for young workers but that's the basic entitlement provision above.
A contract of employment should be issued within 2 months of the employee commencing employment that states the working hours and rest breaks they will be entitled to.
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