Posted By David Lennon
The Bean Counters in our finance department are concerned that Employees are claiming payments for overtime for unbroken periods in excess of 6 hours, but not recording any rest breaks (for which they would not get paid). Regulation 12 of the WTR details the entitlement of an Adult Worker to a 20 minute break in any 6 hour working period. Can anyone help me with answers to the following:

1. Can Workers opt out of the 20 minute break when doing overtime?

2. Should Workers be paid for the 20 minutes rest time? ie. should they be paid for 6 hours work interupted with an unpaid 20 minute rest period or, should the 20 minute rest period be included in the 6 hours paid work?

Posted By David Brede
Richard is quite right in what he says.

Additionally payment for these rest periods is determined by the workers Terms Conditions of Employment.

However there are exceptions to the general entitlement to in work rest breaks.

1. If a worker is on unmeasured work time which would not appear to apply if they are filling in timesheets to evidence their entitlement to payment.

2. If a workers place or places of work and residence are far apart from each other then working longer continuous periods for a short period is permitted.

3. Security or surveillance work is exempt.

4. If there is a requirement for continuous service or production such as in hospitals, care homes, power stations etc.

Adolescent workers get 30 min breaks if their working day is longer than 4.5 hrs.

The DTI have produced 'A Guide to Working Time Regulations' which is available from them.

Does this help?