Wondering how many breaks you are entitled to during a 12 hour shift? We’ll look at your rights to breaks during 12 hour stints at work, as well as other shift lengths. The law on breaks during work shifts is governed by the Working Time Directive.
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The Working Time Directive Law & Breaks
This law applies to most adult workers, including those who work part time, or are employed by an agency.
You are entitled to one break of 20 minutes if you work more than six hours a day.
That means on a 12 hour shift, you would be legally entitled to one rest break of 20 minutes. However, some jobs have different rules around breaks and workers are entitled to longer rest periods.
Legal Break Entitlement on 12 Hour Shifts
If you are given a lunch break of 20 minutes or more, that counts as your full entitlement for that day. The break must be given to you during your shift and not at the beginning or end of it.
Most companies will give you more than one break on a 12 hour shift, because they recognise tired staff are not productive.
To find out more about your entitlement, you should refer to your employment contract or staff handbook.
There is no obligation for your break entitlement to be paid, but your employer may pay some or all lunch and tea breaks.
Break Entitlements For Other Shift Lengths
Thankfully, most employers recognise the value of providing adequate breaks to their workers.
However, here’s a list of common shift lengths, and an overview of how long the basic break entitlements are in a shift.
Shift Length
Minimum Break Entitlement
4 hours
0
5 hours
0
6 hours +
20 minutes
7 hours
20 minutes
8 hours
20 minutes
9 hours
20 minutes
10 hours
20 minutes
11 hours
20 minutes
12 hours
20 minutes
It will surprise many that there is no right to a break on a shift that is 6 hours long. The 20 minute rest rule only kicks in when shift length exceeds the 6 hour mark.
There is also no difference between entitlements for a 6.5 hour shift and a 12 hour shift. Being allocated a longer break than 20 minutes will be at the discretion of your employer.
Worker fatigue due to lack of breaks has a detrimental effect on productivity. Fortunately, most workplaces will give longer than 20 minutes break per shift.
How Long Can You Work Without a Break?
If you work for more than 6 hours you must have a minimum 20 minute rest break.
This should not be at the start or end of your shift, but should be taken during your working hours. In addition to breaks taken during your working day, you should also be aware of minimum rest periods.
How Many Hours Work Before a Break is Due?
UK law on working hours and breaks does not specify when a break must be given during a shift. It states how long you have to work before a break is given in terms of shift length.
The minimum shift length to be entitled to a break is 6 hours. When the shift is longer than 6 hours, a 20 minute uninterrupted rest break is due. It must be taken during the shift, and cannot be given at the start or the end.
The rules on breaks for young workers are different. Our guide on the law on breaks, rest periods and will explain the rules for young workers. This age group would not be allowed to work a 12 hour shift. The longest allowable shift is 8 hours.
Another exception to the Working Time Directive and rights to breaks is the case of PSV and HGV drivers.
Their rights to breaks come under the Road Transport (Working Time) Regulations and the Tachograph regulations. They tend to be more generous and need to take into account issues of fatigue.
Other light goods vehicle drivers and minibus drivers are covered by the Working Time Directive. However, their entitlements are a little more vague.
The law says they must get ‘adequate rest’ in order that fatigue does not cause them to injure themselves or injure others or cause an accident.
For more information about shift work read our article on Night Shift Workers. It has an overview of break and rest period entitlements.
If You Don’t Think You Are Getting Enough Breaks
If you don’t think your breaks are adequate, it is worth checking your contract of employment or staff handbook.
Your entitlement to breaks and rest periods may be stated in these documents. It is always worth double checking what your workplace’s policy is, in case you are entitled to more than is being offered.
If You Aren’t Getting Statutory Minimum Break Entitlements
If you are not being offered the minimum 20 minute break during your shift, or a proper rest period between shifts, you should raise the issue with your employer in the first instance.
The section on the ACAS website regards rights to rest breaks clearly states legal entitlements. Should your conversation be unsuccessful, contact ACAS for advice.
If You Miss a Break
If you miss a break, or don’t get a proper rest period because of staff issues or shift changes your employer should ensure you get a break at another time.
This is called “compensatory rest”, and the break which is given later must be of the same length and type as the missed break. This is called an “equivalent period”.
Further Reading
Our guide on break entitlements for 8 hour shifts examines the different rules on breaks for this common shift length.
Shift Break FAQ’s
Can you work a 12 hour shift without a break?
On a 12 hour shift you must have a break to comply with the law. The minimum break you are entitled to is 20 minutes.
How many hours work before a break?
Once you have worked a 6 hour shift you are entitled to a 20 minute break. The break does not have to be paid, and the employer is only obligated to give you one break per shift.
Are breaks paid?
There’s no legal obligation for your employer to give you paid breaks. However, do check your contract of employment, as some workplaces will offer some paid break times.
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The rest break must be taken during the working day. It cannot be tacked on to the start or the end of a shift. Unfortunately, the protection afforded by the Regulations is minimal, and individuals working a 12-hour shift will still only be entitled to one 20-minute break under this legislation.
You can't work more than 48 hours a week on average - normally averaged over 17 weeks. This law is sometimes called the 'working time directive' or 'working time regulations'. You can choose to work more by opting out of the 48-hour week. If you're under 18, you can't work more than 8 hours a day or 40 hours a week.
Workers covered by the Working Time Regulations must not be required to work more than 13 hours per day. Also individuals must not be required, against their wishes, to work an average of more than 48 hours a week.
Employees work four consecutive day or night shifts followed by four consecutive days off. Employees usually rotate between date and night shifts. The advantage of this schedule is that employees have plenty of time to rest and recuperate between their four days on.
Are 12 hour night shifts legal? A 12 hour night shift is legal provided the average length of a night shift does not exceed 8 hours in a 24 hour period when measured over a standard reference period of 17 weeks.
You shouldn't have to work more than an average of 8 hours in each 24-hour period, averaged out over 17 weeks. You can work more than 8 hours a day as long as the average over 17 weeks is no more than 8. Your employer can't ask you to opt out of this limit.
The FLSA sets no limits on how many hours a day or week your employer can require you to work. It requires only that employers pay employees overtime (time and a half the worker's regular rate of pay) for any hours over 40 that the employee works in a week.
Is It Legal to Work 60 Hours a Week on Salary? If an employee is exempt from FLSA and any state, local, or union overtime laws, then it is legal to work 60 hours a week on salary. Some employers do pay exempt employees for overtime work through time-and-a-half, bonuses, or extra time off.
Unless your contract guarantees you overtime, your employer can stop you from working it. However, your employer cannot discriminate against anyone, for example by stopping some employees from working overtime while letting others do so.
But a study in the American Journal of Industrial Medicine shows that consistently surpassing this standard can be detrimental to your health. Researchers found that working 61 to 70 hours a week increased the risk of coronary heart disease by 42 percent, and working 71 to 80 hours increased it by 63 percent.
Night workers must not work more than an average of 8 hours in a 24-hour period. The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree - for example, by collective agreement.
a 25 break for 14 hours is illegal. swear you get an hour break if you do a 7 hour shift, e.g. if you work 12-8, you get an hour break. A tribunal decision said +6 hours it's 20, even if you work for 12 hours or more.
According to Circadian.com, extra rest and recovery time allows you to return to work refreshed and be more productive. In addition, 12-hour shifts allow more time to complete lengthy tasks, which can help you feel satisfied with the amount of work you accomplish at the end of the workday.
Findings. Shift work and long work hours increase the risk for reduced performance on the job, obesity, injuries, and a wide range of chronic diseases. In addition, fatigue-related errors could harm patients. Fatigued nurses also endanger others during their commute to and from work.
It's important to recognize that there can be negative health concerns that come with working a 12 hour shift. Consistently working long shifts can contribute to sleep disorders, obesity and chronic fatigue. It can be difficult to get enough sleep or stick to a regular sleep schedule.
Night shift workers have the right to National Minimum Wage or National Living Wage, but there is no statutory requirement for a higher night working rate. Night workers' rights are different for staff aged 16 or 17 typically aren't allowed to do night shift work.
How many night shifts can you do in a row? Workers cannot do any more than an average of 6 x 8 hour night shifts in a week. This is calculated by average working hours over 17 weeks. UK law says workers cannot work more than an average of 8 hours on night shift in every 24 hours.
Your employer can ask you to stay at home or take unpaid leave if there's not enough work for you. A lay-off is if you're off work for at least 1 working day. Short-time working is when your hours are cut.
if you are aged 25 or over, you need to do paid work of at least 30 hours a week. if you have a disability and are 16 or over, you need to do paid work of at least 16 hours a week. if you are aged 60 or over, you need to do paid work of at least 16 hours a week.
A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.
When you are working for 12 hours there is often little time before, during and after your shifts to eat healthy meals or exercise properly. This combined with fatigue and other adverse factors can result in some serious health risks including depression, anxiety and insomnia.
Are 12 hour night shifts legal? A 12 hour night shift is legal provided the average length of a night shift does not exceed 8 hours in a 24 hour period when measured over a standard reference period of 17 weeks.
In the UK, many hospitals utilise 12-hour shifts primarily because managers believe it is a more cost effective way of providing 24-hour care, with lower costs and greater continuity of staffing (Estabrooks et al.
There is no obligation for your break to be paid, but your employer may pay some or all lunch and tea breaks. Your break also doesn't count towards the length of your working day. So on an 8 hour shift, with a 20 minute break, you are deemed to have worked 8 hours.
After 22 years, researchers found that the women who worked on rotating night shifts for more than five years were up to 11% more likely to have died early compared to those who never worked these shifts.
The FLSA sets no limits on how many hours a day or week your employer can require you to work. It requires only that employers pay employees overtime (time and a half the worker's regular rate of pay) for any hours over 40 that the employee works in a week.
In fact, considering that most of us get between 6-8 hours of sleep, a 12-hour shift would only leave you with around 4 hours of “free” time or to “wind down”. This in and of itself is physically and mentally draining and can cause you to feel run down and like you have little to no energy.
You shouldn't have to work more than an average of 8 hours in each 24-hour period, averaged out over 17 weeks. You can work more than 8 hours a day as long as the average over 17 weeks is no more than 8. Your employer can't ask you to opt out of this limit.
Night shift workers have the right to National Minimum Wage or National Living Wage, but there is no statutory requirement for a higher night working rate. Night workers' rights are different for staff aged 16 or 17 typically aren't allowed to do night shift work.
How many night shifts can you do in a row? Workers cannot do any more than an average of 6 x 8 hour night shifts in a week. This is calculated by average working hours over 17 weeks. UK law says workers cannot work more than an average of 8 hours on night shift in every 24 hours.
Nurses can work 8-, 10-, or 12-hour shifts depending on their employers. Most private practices require nursing staff to work 8 hours, while rehabilitation facilities may range between 8- and 10-hour shifts. Nursing agency shifts and nursing shifts in hospitals are the most likely to run in 12-hour intervals.
As above replies, and don't assume a job is 9-5, often it's 9-5:30. Your contract or letter of employment should state this, and also state your lunch and other breaks. By the way, its not uncommon for some office workers to take their lunch at their desk.
Your employer is under no obligation to let you work straight through lunch and go home early, indeed if they were to do so, that would be in breach of the Working Time Regs.
A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.
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