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The Working Time Regulations 1998 states the following provision for rest breaks at work and time off:

Rest breaks at work                   A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.

Daily rest                                  Under the Working Time Regulations 1998, regulation 10, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer.

However, there are a number of special circumstances in which the entitlement to rest periods does not apply, for example, where the activities involve a need for continuity of service or production or where there is a foreseeable surge of activity. Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

Weekly rest                               An adult worker is also entitled to one day off a week; this can be averaged over 2 weeks.

Young or adolescent workers     If a young worker is required to work more than four and a half-hours at a time, then they are entitled to a break of 30 minutes. A young worker is also entitled to twelve uninterrupted hours in each 24-hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to 2 days off each week and this cannot be averaged over 2 weeks.

The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that:

‘During working hours, the temperature in all workplaces inside buildings shall be reasonable’.

However, the application of the regulation depends on the nature of the workplace i.e. a bakery, a cold store, an office, a warehouse. The associated Approved Code of Practice (ACOP) goes on to explain:

‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable’. 'Workroom' means a room where people normally work for more than short periods.

The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.’

Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:

·         insulating hot plants or pipes;

·         providing air-cooling plant;

·         shading windows;

·         siting workstations away from places subject to radiant heat.

Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.

Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.