You have been on your feet for 11 hours. Your legs ache. You haven't eaten properly. Your manager says sorry we are too short staffed for breaks today.
Is this legal? The answer is complicated and for many care workers it is disappointing.
The Working Time Regulations 1998 are very old and very stingy. They state that if you work more than 6 hours you are entitled to ONE uninterrupted break of 20 minutes. If your shifts are being cancelled, check our shift cancellation guide.
Yes even on a 12 hour shift the law only guarantees you 20 minutes. Most decent employers give 1 hour but they don't legally have to. If your shifts are being cancelled, check our shift cancellation rights.
This is the most important rule for care workers. It is called Compensatory Rest.
Care homes are allowed to cancel your break if there is a safety risk like if you are the only one on the floor. BUT the law says they must give you that time back later.
| Situation | Can you leave? |
|---|---|
| Unpaid Break | YES Usually If you are not paid it is your time |
| Paid Break | NO If they pay you they can insist you stay on site |
| Night Shift | NO Usually restricted due to staffing ratios |
There is no legal right to a smoke break. If you don't smoke your employer cannot force you to work while smokers go outside. This is a common grievance but it is a policy issue not a legal one.
If you are under 18 the rules are stricter. You must get 30 minutes rest for every 4.5 hours you work. If your care home treats you like an adult worker they are breaking the law. If you're off sick due to exhaustion, see our sick pay guide.
Report it anonymously to warn new staff.
Offered me Senior Lead! Finally off minimum wage after 3 years.
Got the job. £1.20/hr rise AND it's a 10 min walk.
Got the Senior role. £2/hr rise. Crying actual tears rn.
Finally starting my NVQ next month!!
First Saturday off in 8 months. Actually took my kids to the park.
Was scared to leave after 6 years. Should've done it sooner.
Offered me Senior Lead! Finally off minimum wage after 3 years.
Got the job. £1.20/hr rise AND it's a 10 min walk.
Got the Senior role. £2/hr rise. Crying actual tears rn.
Finally starting my NVQ next month!!
First Saturday off in 8 months. Actually took my kids to the park.
Was scared to leave after 6 years. Should've done it sooner.
Didn't skip a break once this week. First time in years.
My back already feels better. No more 12-hour shifts without a sit down.
Manager literally told me to go take my break. Nearly fell over.
Called in sick and didn't get guilt tripped. Wild.
Got the exact shifts I asked for. Didn't think that was possible.
My new manager actually listens. Still in shock tbh.
Didn't skip a break once this week. First time in years.
My back already feels better. No more 12-hour shifts without a sit down.
Manager literally told me to go take my break. Nearly fell over.
Called in sick and didn't get guilt tripped. Wild.
Got the exact shifts I asked for. Didn't think that was possible.
My new manager actually listens. Still in shock tbh.
Offered me Senior Lead! Finally off minimum wage after 3 years.
Got the job. £1.20/hr rise AND it's a 10 min walk.
Got the Senior role. £2/hr rise. Crying actual tears rn.
Finally starting my NVQ next month!!
First Saturday off in 8 months. Actually took my kids to the park.
Was scared to leave after 6 years. Should've done it sooner.
Didn't skip a break once this week. First time in years.
My back already feels better. No more 12-hour shifts without a sit down.
Manager literally told me to go take my break. Nearly fell over.
Called in sick and didn't get guilt tripped. Wild.
Got the exact shifts I asked for. Didn't think that was possible.
My new manager actually listens. Still in shock tbh.
Written by
PlainSight Team
Workplace Rights Specialists