The Working Time Regulations 1998 provide for a statutory entitlement to an in-work rest break of 20 minutes when the working day is longer than 6 hours. This break is a legal entitlement and as such all staff working over 6 hours (or 4.5 hours for young workers) must be receiving this as a minimum. Within NHS Grampian this break is unpaid and is generally for a minimum of 30 minutes. Courtesy “tea breaks” may also be given in addition at manager’s discretion.

Minimun Breaks

Length of Shift	NHSG Minimum
Shifts up to and including 6 hours	No entitlement to a break
Shifts over 6 hours	30 minute unpaid meal break “in shift”
Young workers (under 18 years of age) 4.5 hours or more	Entitled to 30 minute unpaid rest breaks.

 

Managers are asked to ensure that staff comply with the above rest breaks as a minimum. Breaks should be a break in working time, therefore should be taken during the shift and not at the start or end of the working day (as per WTR 1998).

 

Examples of Good Practice Rest Breaks

Length of Shift	Example 1	Example 2
Shifts up to and including 4 hours	No entitlement to a break	No entitlement to a break
Shifts of more than 4 hours and up to 6 hours	10 minute paid courtesy break	15 minute paid courtesy break
Shifts of more than 6 hours	30 minute unpaid meal break “in shift” and 10 minute paid courtesy break	30 minute unpaid meal break “in shift”
Shifts between 7.5 hours and 10 hours	30 minute unpaid meal break “in shift” and a 10 minute courtesy break.	30 minute unpaid meal break “in shift” and 15 minute courtesy break.
Shifts of over 10 hours and 12 hour shifts nd all variations thereof	2 x 30 minute unpaid meal breaks and a 10 minute paid courtesy break	2 x 30 minute unpaid meal breaks and 2 x 10 minute paid courtesy breaks
Young workers (under 18 years of age) 4.5 hours or more	Entitled to 30 minute unpaid rest break	Entitled to 30 minute unpaid rest break

 

Courtesy breaks should not be routinely extended or abused and are granted at the discretion of management in line with the needs of the service at any given time.

Full guidance and more information on this can be found on the NHS Grampian intranet page: http://nhsgintranet.grampian.scot.nhs.uk/depts/OperationalHR/tctoolkit/Pages/Other.aspx

(Please note that intranet links can only be accessed on NHS Grampian computers, if you need further information please speak to your manager)