Rest breaks for support staff

Understand your requirements around rest breaks for support staff. Find out what to do about pay if staff work through their break.

Last reviewed on 17 July 2026
School types: AllSchool phases: AllRef: 2939
Contents
  1. Legal requirements
  2. Working through breaks: payment
  3. Support staff can have longer and more regular breaks 

Legal requirements

Workers over 18

Your employees have the right to 1 uninterrupted 20-minute rest break during their working day if they work more than 6 hours a day. This can be a tea or lunch break.

Unless their employment contract says so, they do not have the right to:

  • Get paid for rest breaks
  • Take smoking breaks

You can say when employees must take their break, as long as:

  • The break is taken in one go, somewhere in the middle of the day (i.e. not at the beginning or the end)
  • You allow employees to spend it away from where they actually work (e.g. their desk)

Make sure that in unforeseen circumstances (e.g. because a pupil needs first aid after an accident) the member of staff is allowed to take their break later if