| Commentary

(8) Rest breaks

| Commentary

(8)     Rest breaks

By virtue of WTR SI 1998/1833 reg 12, an adult worker is entitled to a rest break where his or her daily working time is more than six hours (reg 12(1)). The details of the break, including in particular its duration and timing and the terms on which it is granted, are in the first instance a matter for determination via a collective agreement or workforce agreement (reg 12(2)).

In practice, however, it is more likely that the default position applied by reg 12(3) will apply; this provides that, subject to the provisions of any collective or workforce agreement, the rest break must be an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his or her workstation where there is one.

Details of the rest break may be stipulated in a collective or workforce agreement, and aside from being thus modified, the right may be excluded altogether by such agreement (reg 23(a)), subject, normally, to the provision of equivalent compensatory rest in accordance with reg 24.

In the absence of such an exclusion or modification, the timing of the break is a matter for agreement, or may be stipulated by the employer, but the concept that it is a

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