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?

Posted in : First Tuesday Q&A NI on 3 August 2010
Emma-Jane Flannery
Arthur Cox

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

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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