In situations where repetitive, continuous or exceptional concentration is required, managers must ensure that adequate rest is an integral part of their duty to protect the health and safety of workers. In these circumstances, the opinion of the Advisory Service on Safety and Health at Work should be sought. A balanced rest period means you can take the break later. It should be taken within a reasonable time from the time you missed the break and should last as long as a certain rest period would have lasted. You may be eligible for compensatory breaks if: Your employer is required by law to give you the breaks to which you are entitled. If not, talk to them to see if you can fix the problem. If that doesn`t work, you need to file a written complaint. Ask your human resources department if you don`t know how to proceed. You should also seek advice from your union representative – if you have one. If you need to go further, you can file a complaint with an employment court.

You can`t do this without first going through the Acas Early Arbitration. There is a 3-month time limit for arbitration. It starts from the date your employer didn`t allow you to take breaks. Although within NHS Fife most staff are currently entitled to sufficient rest, supervisors need to monitor this to ensure breaks are taken at appropriate times. When changes are needed, they should be discussed and coordinated with affected employees and in partnership. The Working Time Regulations 1998 apply throughout the United Kingdom. They affect the number of hours an employee can work per week, as well as the breaks to which the employee is entitled, including breaks between shifts, vacation and days off. The main objective of the regulation is to ensure health and safety standards in the workplace. Domestic workers in a private home (e.g. cleaner or au pair) are not entitled to rest for health and safety reasons. An employee`s employment contract may stipulate that he or she is entitled to more or different rights at work breaks. Notwithstanding the legal position on exceptions, it is recommended that employers enter into discussions to reach agreement on how best to apply the RTT in this emergency situation.

Rule 23 of the WTR also provides that certain rules may be modified or excluded by collective or company agreements. Most NHS employers have local agreements that enforce the WTR, so discussions on changing or excluding the relevant provisions must take place locally. Some already allow withdrawals for some employees. It is recommended that the agreements be reviewed to allow for greater flexibility with regard to night work limits, entitlement to rest periods and breaks. In particular, when staff work beyond the hours of work specified in the regulations, Rule 24 of the WTR stipulates, and the Department for Business, Energy & Industrial Strategy (BEIS) and the Health and Safety Executive (HSE) recommend that “equivalent compensatory rest” be taken before the start of the next shift if possible. These provisions remain in force. It is important that breaks are scheduled whenever possible to ensure that staff can work safely and effectively. These issues should be discussed with local staff associations with a view to reaching agreement on policy at local level. For example, in the case of hours of work, reference periods may be extended up to 26 weeks without agreement or up to a maximum of 52 weeks per agreement.

However, at the height of the pandemic, even a 52-week reference period may not be practical for some specialized clinical staff who are in high demand. In addition, it may be necessary for senior management to be available to provide advice and guidance. In these cases, it may be necessary to ask employees to voluntarily waive their right not to work more than 48 hours per week to allow for flexibility. It is recommended that this provision be applied only in exceptional circumstances. Supervisors must make local arrangements for employees to take breaks. Long hours, fatigue, and lack of breaks or recovery periods between shifts are associated with an increased risk of errors. Health professionals must therefore be vigilant about the effects of fatigue on their professional practice. For example, nurses should consider their risk management obligations under the NMC Code. You should also consider the impact of multiple jobs and your hours of work on your ability to practice safely. The break does not have to be paid – it depends on the employment contract. You`re probably entitled to breaks during your workday, as well as daily and weekly breaks. Most workers are entitled to breaks, but some jobs mean you are not automatically entitled to breaks.

Learn more about employees who are not entitled to breaks at GOV.UK. You may not be paid for your rest periods – your employment contract will indicate whether you are. Provisions for employee breaks are agreed at the local level. Existing local systems that already provide for breaks of more than 20 minutes will comply with the requirements of this provision and no further action is required. Managers are asked to ensure that employees observe at least the rest periods mentioned above. Breaks should be a break in working hours, i.e. during the shift and not at the beginning or end of the working day (according to WTR 1998). 12-hour shifts are legal.

However, regulations generally require that there be an 11-hour break between each 12-hour shift. NHS Fife recognises and accepts the importance of regular and timely review of policy/procedure statements and aims to review policies within the set timeframes. Temporary agency workers working in NHS Fife fall within the scope of the Working Time Regulation and are entitled to all health and safety rights. However, the responsibility for complying with working time rules lies with the agency and not NHS Fife. Although the agency is recognised as an employer in terms of working hours, NHS Fife must meet the requirement of breaks during work. 168 (hours available per week) – 90 (daily and weekly break hours) = 78 hours minus 48 hours (working time) = 30 hours for compensatory rest periods. The duration of the break and the conditions under which it is granted may be determined for employees by a local agreement. Any local agreement on breaks may address matters other than the mere length of the break, including whether the employee must notify his or her supervisor of his or her intention to take the break. The granting of compensatory rest does not relieve the supervisor of the responsibility to ensure that employees who are entitled to a break during work benefit from such a break. If current work arrangements or unsustained staff pressure prevent you from taking breaks (e.g. If you are the only nurse), these working arrangements need to be reviewed.

If you are in this position, contact us for more advice. An employer should give an employee sufficient breaks to ensure that his or her health and safety is not at risk if the work is “monotonous” (e. e.g., working on a production line). If you are unable to take your breaks due to unbearable staff pressure, please see the section above on how to raise your concerns. The Working Time Ordinance 1998 provides for a statutory right to a 20-minute break if the working day is longer than 6 hours. This break is a legal right, and as such, all employees who work more than 6 hours (or 4.5 hours for young workers) must receive at least that. In NHS Grampian, this break is unpaid and usually lasts at least 30 minutes. Free “tea breaks” may be given in addition at the discretion of the manager. If this is not possible, you must have an equivalent period of compensatory rest or adequate protection. On average, all workers should be given 90 hours of rest per week. This does not apply to extra breaks during working hours. The culture of the NHS and welfare has traditionally been to volunteer as many hours as necessary during an emergency.

In emergency situations, NHS staff are known for their heroic efforts to volunteer as many hours as necessary. However, prolonged and prolonged excessive work is not good for staff or patient care, and managers have a responsibility to convey this message to clinical colleagues to ensure breaks are taken where they can. AIFMs should also endeavour to comply with those provisions. In particular, the hours of work of staff involved in the response, resources and important decisions should be monitored to avoid excessive work, even during a pandemic. In addition, staff should be reminded of the risks of driving when fatigue. Similar considerations apply to independent contractors, although they are not directly covered by the legislation. When staff work longer and with more flexibility, employers should provide an appropriate level of support facilities such as rest areas, accommodation, access to food and beverages, toiletries, etc., as required, to enable safe and efficient service delivery during this time.