Do employees have the right to a lunch break?

31/03/2026 by Jivan Dempsey

Employment law can be a minefield for organisations, which is one of the reasons why HR is so important now.

Failing to comply with the rights of employees can lead to tribunals and punishments such as fines. In this blog, we are going to outline what the rights of employees are when it comes to taking a lunch break during the working day.

The Legislation

The key piece of legislation governing this matter is the Working Time Regulations 1998. This sets out the minimum periods of rest that employees are entitled to, which is determined by how long they work in a day. So what does the legislation say?

Key details regarding lunch break rights

Duration

The Working Time Regulations state that employees have the right to a rest break of at least 20 minutes, should their working hours be more than 6. This has to be without interruption.

Timing

The regulations do not specify a lunch break, but they do state it must take place during the middle of a shift – rather than the start or the end. For most employees, this will be lunchtime, so it is wise to regard it as a de facto lunch break.

Payment

You will not be legally obligated to pay your employees for their break periods, unless it is in their contracts. However, you can choose to pay them if you want.

Location

It is stated in the regulations that the break period should be taken away from the employee’s workstation. This is to ensure it counts as a proper period of rest.

Exceptions

One exception concerns younger workers (those who are under 18 but above the school leaving age). If they are working a shift of longer than 4.5 hours, they are entitled to a break of 30 minutes.

There can also be exceptions for certain sectors. For example, the armed forces and the emergency services. If an emergency for your company means normal breaks are cancelled, you must provide compensatory rest.

At FiveRivers Consulting, our outsourced HR services in Northampton include comprehensive employment law expertise. Call us now to see how we can help you.