Posted By Andrew Meiklejohn Learned friends, This may be more of an HR than HS question but do rest breaks need to be paid? Most organisations I have worked for have an unpaid 30 min to 2 hour lunch break, plus two paid 10-15 minute breaks approximately half way through each half the day. Apart from the working time directive there is a requirement to have a 20 minute break for those working 6 hours and this cannot be at the end of the shift. It does not have to be enforced but it has to be available to take. My question(s) are: 1. Would an unpaid lunch break meet the requirements of the working time directive? 2. Do rest breaks including those stipulated by risk assessment have to be paid?

Posted By Swis Sorry forgot to mention resonable adjustments under DDA in the brackets.

Posted By Phil Rose Andrew In answer to your specific questions 1. Yes - as long as it was either 20 mins for adults and 30 for young workers 2. If a risk assessment has identified that a rest break (over and above the break required by WTR) is required, then I would suggest that it should be paid, as this could be in breach of section 9 HASAWA

Posted By Andrew Meiklejohn Sorry for the late response. Been away. I would agree with some of the comments made. I myself have written risk assessments for tasks and in association with occupational health that stipulated rest breaks for certain types of work. e.g. Hazardous conditions Emergency call handlers Labour Intensive I feel this had to be done because the HR dept was using the working time directives as the maximum legth of break that employees would get and the only break they would get. This is sometimes the problem with legislation. It sets the absolute minimum requirements that society find acceptable. Some organisations will use this to set their standards, in the same way that some organisations base their salary scales on the minimum wage. Whilst a change of activity can be construed as a rest. Will it reduce your mental workload? Does changing from DSE to lifting boxes give your musculoskeletal structure enough rest? However having a rest break can allow an employee to rest, contact friends and loved ones and if only for a minute or two escape the mental confines of the office or the physical ones by going for a quick walk (fag breaks not included). These are some of my thoughts...

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