Interrupted breaks can still count as rest under the Working Time Regulations

Interrupted breaks can still count as rest under the Working Time Regulations. Image of people taking a break

An important case about compensatory rest and rest breaks took place recently. The case of Hughes v Corps of Commissionaires Management Ltd concerned a security guard who worked 12-hour shifts on his own (other security guards employed there worked other shifts).

The guards were required to monitor and supervise access to the site, and they could take rest breaks in a kitchen area whenever they chose but had to remain on call during these periods. He could leave a message on a reception desk with a contact phone number, saying he was on a break, which meant his breaks were sometimes interrupted. When this happened, he was allowed to start the break again. None of the guards knew before they started or restarted a break whether it would be uninterrupted or not.

Mr Hughes claimed he wasn't getting the rest breaks he was entitled to under the Working Time Regulations, which entitles workers to an uninterrupted rest break of 20 minutes when working more than a six-hour day. There's an exemption in the WTR, however, for workers engaged in security or surveillance activities (and other 'special cases') that require a permanent presence, but the worker must then be permitted to take "an equivalent period of compensatory rest".

Mr Hughes argued that the restarted breaks didn't count as compensatory rest as, like a rest break, it had to be uninterrupted and he had to know in advance that would be the case. Therefore, he said he was neither getting a rest break nor compensatory rest.

Fed up of the nine to five? Find out more about working for yourself.

His claim was rejected by two Employment Tribunals and then went to the Court of Appeal who found the employer hadn't breached its obligations under the WTR, as the employee was allowed to restart his break when interrupted – this counted as compensatory rest.

The Court of Appeal, commented that the natural meaning of "an equivalent period of compensatory rest" suggested that there should be a break of the same length and nature as a rest break, but that in this case, such an interpretation could frustrate the health and safety objective of the Regulations.

The Court of Appeal confirmed the factors that can be taken into account when considering a failure to provide the usual rest break, include the logistical and administrative problems faced by the employer if additional staff have to be employed to provide cover, and cost.

The Court of Appeal also confirmed that employers, when deciding if a worker is a ‘special case’ worker (so exempt from rest break provisions) should assess the activities carried out by the worker rather than assess the employer’s business activities.

If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to us at The HR Kiosk - a Human Resources Consultancy for small businesses – our fees are low to reflect the pressures on small businesses and you can hire us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.

Speak to an accounting expert

If you're unsure what level of support you need, our friendly team are on hand to help you pick the right package for you.
team photo off all crunch team
Share this post
Lesley Furber
HR Consultant
Updated on
February 21, 2020

Knowledge Hubs

Speak to the experts

Our UK based team of experts are ready to help you find the best accounting package for you and your business.

icon of a green tick
Certified Accountants
icon of a green tick
HMRC Approved
Patrick,
Senior Sales Advisor
Book a meeting
Crunch Pro Tip
Using cloud-based accountancy software to manage your finances gives any small business a big advantage!

At Crunch we provide affordable cutting-edge, easy-to-use software with real human support from expert chartered accountants. That’s probably why 81% of our clients would recommend Crunch.

Crunch Pro Tip
Did you know - you have access to a Chartered Certified accountant for free on our paid subscriptions?

Book a call with our one accountants and get your questions answered. Just £24.50 +VAT for Crunch Free users.

Crunch Pro Tip
Did you know - Financial forecasting can allow you to predict any financial changes in your business and see the results of potential new ideas?

Our partnership with Brixx forecasting software gives our paid plan clients access to a financial forecasting tool for free.

Crunch Pro Tip
Did you know - Your Self Assessment has to be filed by the 31st of January deadline?

Crunch’s Self Assessment service provides an expert accountant to complete, check, and file your Self Assessment for you for just £140 +VAT.

Crunch Pro Tip
Did you know - We have a free plan that is great for sole traders and limited companies?

Why not see for yourself? It’s simple and easy to use and 100% free.