not just offer them

Employers must now ensure workers take rest breaks – not just offer them

A significant change in UK employment law has recently emerged from a 2024 Court of Appeal ruling that has clarified a key element of workers’ rights: rest breaks must be taken, not just offered.

This decision marks a substantial change in how employers are expected to manage – and implement - their legal obligations regarding staff wellbeing. It’s one that employers, especially those in high-pressure, shift-based environments cannot afford to ignore.

What’s changed recently?

Previously, the law (under the Working Time Regulations 1998) required employers to allow their employees a 20-minute uninterrupted rest break during a working day that is longer than six hours. Even though this was the law, employers weren’t necessarily held accountable if employees chose not to take them or if operational pressures made it difficult.

On this subject, the Court of Appeal has recently made it clear that:

"It is not enough for employers to simply make breaks available. They must ensure that breaks are taken."

This means employers must be proactive in their approach. This could be formally scheduled breaks, sufficient cover during those breaks, and supporting a culture that encourages taking time to rest.

How does this fit into broader employment law?

Here are existing protections under UK employment law, and shows how this new ruling could work alongside them:

These rights are not optional - and recent rulings like this one on rest breaks demonstrate that the courts are prepared to enforce them more stringently.

Why this matters

This update strengthens the onus on employers to protect employee wellbeing, ensuring that rest breaks are meaningful and respected in practice - not just something that is just on paper.

For employers, this is a wake-up call to review workplace policies and place a shift on planning to ensure compliance of these protections. And the consequences? Failing to do so in the future may result in tribunal claims or enforcement action.

What this means for employers

The recent legal clarification on rest break rights significantly raises the bar for employer responsibility. It’s no longer enough to just allow or schedule breaks - employers must now take active steps to ensure they are taken.

Some steps that employers could take:

1. Start with a staff handbook or rest break rota

This is a good start, but employers must go beyond the paperwork by making sure that their actions match what's on paper. If staff are too busy, understaffed, or feel pressured not to take breaks, the legal obligations are not being met - even if breaks are technically ‘available’.

2. Actively facilitate breaks

Employers are now expected to proactively create an environment where taking breaks is practical, encouraged, and supported. This includes:

• Structuring rotas to ensure break coverage.
• Monitoring workloads to avoid unintentional break-skipping.
• Training supervisors and managers to understand and uphold the rules.
• Encouraging a workplace culture that values rest and wellbeing.
• If employees routinely miss their breaks due to workload or workplace culture, the employer could be seen as failing to meet their statutory duties.

3. Providing compensatory rest – ‘in lieu’

In some sectors - such as emergency services, healthcare, logistics, or security - taking scheduled breaks may not always be feasible due to the nature of the work. In these cases, employers must provide compensatory rest: an equivalent period of rest taken ‘in lieu’, as soon as reasonably practicable. This must still be uninterrupted and meaningful.

Failure to offer compensatory rest is just as serious as failing to provide the break itself.

Legal risk: increased exposure to claims

This shift in case law now makes it easier for workers to challenge employers who fail to comply. Employment tribunals are likely to take a stricter view, especially where there’s evidence of consistent operational pressure preventing breaks or a culture that discourages rest.

Employees may claim for:

• Breach of the Working Time Regulations 1998.
• Unlawful detriment for asserting a statutory right.
• Constructive dismissal if the failure to allow rest breaks contributes to a breakdown in the employment relationship.

How can Coles Miller help?

At Coles Miller, we understand the complexities of employment law and how new regulations can impact businesses. Our specialist employment law solicitors can help both employees and employers by:

Employers: Ensuring your rest break policies and working practices comply with current regulations. We can also support with risk assessments and training.

Employees: If you're concerned that your rest break rights are being denied or ignored, we can advise you on your options and represent you if necessary.

Whether you’re managing a large team or simply want to understand your rights as an employee, we're here to support you with practical, expert legal advice.