Colleague Break Policy

About this policy

The Society is committed to ensuring that colleagues receive breaks in accordance with the Working Time Regulations 1998 (“WTR”) as a minimum. Subject to the length of a colleague’s shift and where it does not impact on the needs of the business, colleagues are entitled to breaks in excess of the WTR entitlements. Details of break entitlements across the Society are set out in this policy.

This policy is non-contractual and should be read in conjunction with your contract of employment and the Society’s Working Time Policy.

Failure to adhere to this policy, for example taking excessive breaks, may result in disciplinary action being taken.

The Working Time Regulations

The WTR sets out the minimum entitlement for all colleagues, which are: 

• An adult working more than 6 hours will receive an unpaid, uninterrupted rest break of 20 minutes, which should be spend away from their work station.

• In addition, a young worker (above school leaving age and under 18) working more than 4.5 hours will receive an unpaid, uninterrupted rest break of 30 minutes, which should be spend away from their work station.  

Breaks for colleagues across the Society

The Society ensures that colleagues receive breaks aligned to the WTR as a minimum. The principles underlying break entitlements for colleagues across all trading groups and support services are below. Given the different ways the Society’s businesses operate, there are differences with how the paid refreshment break is applied across our different groups.

All business groups:

For all adult colleagues (aged 18 or over), are entitled to receive the following: 

• Colleagues who work less than 4 hours per day have no break entitlement.

• Colleagues who work 4 hours or more are entitled to a paid refreshment break of up to 15 minutes.

• Colleagues who work longer than 6 hours a day are entitled to an uninterrupted, unpaid break of at least 20 minutes. Subject to local agreement, it can be extended up to a maximum of 1 hour unpaid.

• Colleagues who work 8 hours or more, will be entitled to a second paid refreshment break of up to 15 minutes. 

Young workers (above school leaving age and under 18) must adhere to the following entitlements: 

• A 30 minute (unpaid) rest break if they work more than 4.5 hours (if possible this should be one continuous break). 

Refreshment breaks

Due to the different ways the Society’s businesses operate, there are differences with how refreshment breaks may be taken across our groups. Please note the following:

• All paid refreshment breaks are flexible arrangements, which at all times are subject to operational requirements. Refreshment breaks may be interrupted and where that occurs the period of interruption can be taken at such other times as agreed with your line manager.

• In some business groups, colleagues may not be permitted to leave the site/office during a paid refreshment break (for example to smoke). This will be confirmed locally and/or by your line manager.

• Refreshment breaks may include time taken by a colleague away from their desk during the shift, including to make a drink, take a comfort break, or smoke (where permitted).

• Paid refreshment breaks do not extend the shift duration.

• Due to the statutory Ofsted requirements in our Childcare Group with adult to child ratio requirements, if a colleague has a need for a short break during their shift i.e., a comfort break, they should make their Room Manager aware, so that adequate cover can be found to allow the break, and the nursery remains Ofsted compliant.

Unpaid breaks

Please note:

• The timing of all breaks (paid or unpaid) are to be agreed locally with line manager.

• Unpaid breaks are added to the shift duration. For example, a colleague who works 6.5 hours and receives a 30 minute unpaid break will have their shift extended by 30 minutes. Where a colleague receives a 1 hour unpaid lunch break, their shift will be extended by 1 hour.

Additional Support

If you have any questions regarding this policy or require additional support, you should speak to your line manager. Alternatively, you can contact the HR advisor for your business group, or email HR.advice@midcounties.coop.