| Commentary

(6) Daily rest

| Commentary

(6)     Daily rest

An adult worker is entitled to a rest period of not less than 11 consecutive hours in each 24-hour period (WTR SI 1998/1833 reg 10(1)) and a young worker to not less than 12 consecutive hours in each 24-hour period (reg 10(2)). In the case of the young worker, the minimum rest period may be interrupted in the case of activities involving periods of work that are split up over the day, or of short duration (reg 10(3)).

The entitlement of adult workers, but not young workers, to a daily rest period may be modified or excluded by a collective agreement or a workforce agreement (WTR SI 1998/1833 reg 23(a)), but subject to the provision of compensatory rest. In addition the entitlement is excluded for adult shift workers by reg 22(1) where the worker changes shift and cannot take a rest period between ending one shift and starting the next, or where he or she is engaged in split shift working (most commonly in catering or cleaning work). Further details of other exclusions are given below at para [207] and following.

The entitlement to daily rest is in addition to the entitlement to weekly rest under WTR SI 1998/1833 reg 11, discussed below. The two may be taken consecutively, but daily rest periods may only be subsumed by the weekly rest period 'where this is justified by objective or technical reasons or reasons concerning the organisation of work' (see reg 11(7)).

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