Q.How many breaks should be given in a twelve hour shift and how long should the breaks be?
(P.F, 6 October 2021)
A.The law on breaks is governed by the Working Time Directive. This law applies to most adult workers, including those who work part time, are employed by an agency. You are entitled to one break of 20 minutes if you work more than six hours a day.
That means even on a 12 hour shift, you would still only be legally entitled to ONE rest break.
Rest Breaks on 12 Hour Shifts
If you are given a lunch break of 20 minutes or more, that counts as your full entitlement for that day. The break must be given to you during your shift and not at the beginning or end of it.
Adult workers are entitled to an 11 hour rest period between each shift. That said, there are certain circumstance where this does not apply. Adult workers are also allowed one day off each week, however this can be averaged over two weeks.
Most companies will give you more than one break on a 12 hour shift, although they are not required to. To find out more about your entitlement, you should refer to your employment contract or staff handbook.
Breaks for Workers Under 18
For young workers, under the age of 18, the rules are different. Young workers are entitled to a rest break of 30 minutes for every 4 and a half hours they work.
There is also no legal requirement to pay you for your break nor for it to count towards the length of your working day. Young workers are also entitled to a 12 hour uninterrupted rest period between each shift as well as two days off each week – which cannot be averaged over two weeks.
PSV & HGV Drivers
Another exception to the Working Time Directive and rights to breaks is the case of PSV and HGV drivers. Their rights to breaks come under the Road Transport (Working Time) Regulations and the Tachograph regulations. They tend to be more generous and need to take into account issues of fatigue. Other light goods vehicle drivers and minibus drivers are covered by the Working Time Directive. However, their entitlements are a little more vague. The law says they must get ‘adequate rest’ in order that fatigue does not cause them to injure themselves or injure others or cause an accident.
For more information about shift work read our article on Night Shift Workers. It has an overview of break and rest period entitlements.