If employees are not taking rest breaks and lunch breaks what can an employer do? Do they insist the employee take lunch and rest breaks as employees often skip lunch to finish early?

Employers must ensure that workers can take their breaks but are not required to force workers to take them; workers can elect to work through a break, provided they do not risk their own or others' health or safety. However, from a health and safety perspective it is prudent to ensure that employees are taking a minimum 30 minute break per day.

Some useful and important guidance on employers' responsibilities with regard to rest breaks was given by the Advocate General in 2006 in Commission v UK. She said that employers must actively see to it that an atmosphere is created in which the minimum rest periods are observed, schedule breaks as part of the organisation of working time and ensure