Breaks

Q. Our members sometimes have to work through their breaks. Although the employer does allow them to have their breaks at a later point, it sometimes makes them wait until later in the week to take them. What are the rules on this?

A. In emergencies, or in some situations where 24-hour staffing is required such as in hospitals, employees can be asked to defer breaks under regulation 24 of the 1998 Working Time Regulations. Of course compensatory rest — rest designed to compensate the individual who has missed out on his or her break — must follow.

Compensatory rest must be given immediately after the end of the period of work — as decided by the European Court of Justice (ECJ) in Landeshauptstadt Kiel v Jaeger C-151/02; [2003] IRLR 805 ECJ.

Unfortunately, the ECJ ruling in the Jaeger case was controversial and an agreement between EU member states to alter the rules is pending.

At some point in the not too distant future, it is anticipated that employers will only have to offer compensatory rest sometime after the period of work — probably within 72 hours.

However, in terms of the situation now, if the employer refuses to allow employees to take compensatory rest immediately after the period of work, the individuals will have a claim.