The Unpaid Break Controversy

Disclaimer: This article discusses potential legal breaches and employment practices for educational and advocacy purposes. It does not constitute legal advice. Employees experiencing discriminatory or exploitative working conditions should seek independent legal counsel or contact ACAS or the Equality Advisory Support Service.

Why UK Employment Law Must Change to Reflect Workers’ Rights

Unpaid breaks, employer control, and the need for reform, exploring the legal and ethical implications for all workers, especially the disabled.

The Hidden Cost of Working Hours

In many UK workplaces, employees are expected to work an 8-hour day, yet only receive payment for 7 of those hours due to an unpaid break. While this practice is legally permissible under the Working Time Regulations 1998, it raises serious questions about fairness, autonomy, and potential human rights violations, especially when employers go a step further and dictate what an employee can or cannot do during their unpaid time.

The Legal Framework: What the Law Currently Says

According to UK law:

Rest Breaks: Under the Working Time Regulations 1998, workers are entitled to a 20-minute uninterrupted break for every 6 hours worked.
Unpaid: Employers are not legally obligated to pay for this break unless it is stated in the employment contract or staff handbook.
Exclusivity: Some employers restrict employees from undertaking other work, even during this unpaid period.

Yet, this sets a problematic precedent. If the break is unpaid, it is not part of the employment contract, meaning the employer should not have control over how this time is spent. This contradiction highlights a gap in legal protection for workers.

Time is Money: The Ethics of Unpaid Breaks

Unpaid breaks might seem fair from an operational standpoint, but they can quickly become exploitative when:

Workers are expected to remain on-site or on-call during their unpaid break.
Employers dictate that workers cannot engage in personal activities or work elsewhere.
Employees are contractually prevented from earning extra income during that hour.

If employers insist on retaining control over an employee’s unpaid time, then by definition, that time is not truly “free”, and this could breach Article 4 of the Human Rights Act 1998, which prohibits forced or compulsory labour.

Disabled Employees: The Case for Paid and Extended Breaks

Under the Equality Act 2010, disabled workers are entitled to “reasonable adjustments”, which may include:

Additional or longer rest breaks
A quieter space for breaks due to sensory issues
Time to administer medication or manage pain

Employers who fail to make these adjustments may be in breach of the following laws:

Section 20 of the Equality Act 2010 – Duty to make reasonable adjustments
Section 21 of the Equality Act 2010 – Failure to comply is unlawful discrimination
Health and Safety at Work etc. Act 1974 – Duty to ensure the health, safety, and welfare of all employees
Management of Health and Safety at Work Regulations 1999 – Obligation to conduct a suitable and sufficient risk assessment, including for disabled workers

💡 If an employer refuses breaks, does not complete a health risk assessment, or penalises disabled staff for needing extra rest, they may be held accountable for unlawful treatment under employment and health & safety law.

Who Owns Your Break Time?

Employers cannot have it both ways:

If a break is unpaid, it is not contractual time, and employees should be free to do what they wish.
If the employer wants to control that time, e.g., requiring staff to remain on-site, not leave the premises, or not engage in secondary work, then they must pay for that time.

Denying this fundamental principle undermines worker autonomy and may verge on economic control akin to modern-day exploitation, particularly in low-income sectors like retail and hospitality.

The Call for Legal Reform

It is time for the UK Government to modernise employment law and ensure:

Employees are paid for every minute they are contractually obliged to be at work.
Disabled workers receive guaranteed paid additional breaks as part of reasonable adjustments.
Employers are prohibited from restricting personal freedom during unpaid time unless compensation is provided.
A clear distinction is made in law between paid rest time and unpaid personal time.

💬 Final Thoughts

This isn’t just about money, it’s about dignity, fairness, and freedom. If employees are required to be present for 8 hours, they should be paid for 8 hours. If they are not being paid for their break, then that time belongs to them—not their employer. And for disabled workers, break entitlements should be both reasonable and respected.

Until legislation catches up, the system remains flawed, favouring employers over the well-being and rights of the workforce.