Breaks during working time

Q: I am confused about the different breaks under the Working Time Regulations. The term “rest break” seems to be applied to both a rest break during a working day and also a sleep rest between working days (or nights). Also, I have heard talk of “downtime”. What are the definitions of these terms?

A: The relevant parts of the Working Time Regulations 1998 use the following terminology. Regulation 10, headed “daily rest”, entitles workers to an 11-hour “rest period” in each 24-hour period worked. A “weekly rest period” is covered by regulation 11 and gives workers the right to “an uninterrupted rest period of not less than 24 hours’ each week”. Regulation 12, headed “rest breaks”, entitles workers to a 20-minute “rest break” where they work more than six hours in a day.

“Downtime” is not a technical legal term. It is used in some cases to refer to time when workers are not actually doing anything, but are not allowed to leave their work station and must remain on call.

In Gallagher v Alpha Catering Services Ltd [2005] IRLR 102, drivers and loaders had to remain near their lorries and in radio contact between loading times. It didn’t amount to a proper “rest break” just because workers happened to be uninterrupted for 20 minutes — they had to know in advance they were having a designated break.