As a business owner, you only have to work half a day (you can do anything you want with the other 12 hours). But what are your legal requirements for giving your staff a break?

By law, all UK employees need to have a 20-minute break if they work for six hours or more. There are exceptions if they:

• Are emergency services workers in a disaster scenario;
• Have a job where working time is not measured or they freely choose what hours they work;
• Work in sea, air, or road transport (referred to as mobile workers);
• Are under 18 (in which case they need a 30-minute break if their working day is longer than 4.5 hours); and
• Are pregnant (a risk assessment might identify a need for more regular or frequent breaks).

So, what are the rules around breaks?

To keep up with their responsibilities, employers usually specify that employees take at least a 30-minute lunch break in the middle of the day. You can dictate when and how breaks are taken in employment contracts and the employee handbook, if you have one.

Breaks must not be taken at the beginning or end of the day, so they cannot be used to shorten the working day.

You can also choose whether to pay your employees for breaks – but if you don’t pay them, make sure the deduction does not take their pay below minimum wage thresholds, or you risk action by HMRC.

What benefits do breaks have?

Rest breaks aren’t just a legal requirement. Stepping away from a desk, a screen, or a client facing task can make a huge difference to stress levels and wellbeing.

Breaks allow time to reset and refocus, helping workers to retain information, reduce the risk of errors, and minimise drops in productivity. A good break culture will also improve staff retention, workplace relationships, and even attendance.

Formalising working hours isn’t a stick to beat your staff with. As a responsible employer, you should encourage breaks and monitor to make sure they are being taken. If you’re concerned about an employee not taking breaks, have a chat and find out why, as it’s important for their wellbeing.

Similarly, if an employee is taking too much break time, you can set clear expectations with an informal chat. If a problem persists, you can take disciplinary action for breach of contract.

How to formulate a good break culture

Think about what employees are doing in their breaks.

Google’s offices feature ‘nap pods’ to give employees a space to relax and recharge. It’s no surprise that drinks company Innocent offer free and healthy breakfasts, but they also offer yoga, massages, and an on-site gym. And Bloomberg are proving that finance doesn’t have to take itself seriously, with fish tanks, art installations, and a freshly excavated Roman temple in their basement.

But you don’t have to dig up ancient remains to keep your staff engaged. Think about the space you’ve got, and try to create a relaxing spot, away from usual working areas. Your staff will thank you for it.

Use BrightHR software to track breaks

Good HR software will help you track and monitor your employee breaks. Our legal experts are on hand 24/7 so our clients can check what to do if their employees taking too many (or not enough) breaks. We also have a free library of template contracts of employment and staff handbooks to make sure our clients are legally compliant.

If your employees work from more than one location, you can use clock-in and clock-out software to check they’re taking regular breaks.

Good payroll software will give you automated timesheet reports to see whether everyone is taking their breaks, and keep your payroll accurate and in line with working time and minimum wage regulations.

Find out more about BrightHR’s payroll software here