March 2018. . . Flexibility around the timing of rest and meal breaks introduced under the previous National-led Government is set to be rolled back as part of the current Labour-led Government’s suite of employment law changes working its way through parliament.
Under the current law employers have had the ability to specify reasonable break times, having regard to employer-centred concerns such as productivity or continuity of service. The changes being introduced shift the focus to gaining agreement between the parties about the timing of breaks. Where agreement cannot be reached, the law will require employers to, as far as reasonable and practicable, provide employees with their breaks around the middle of the relevant work period. In practice, this essentially guarantees the right to breaks in the middle of the work period, and that is the intention of the law.
So for example, an employee working a standard 8 hour work day will (unless the parties agree otherwise) be entitled to a 10 minute paid break after around 2 hours work, a 30 minute unpaid break after around 4 hours work, and a further ten minute paid break after around 6 hours work.
A very limited exception to the requirement to provide rest and meal breaks will remain, where the employer is engaged in an essential service. In those circumstances the employer and employee can agree on alternative rest and meal break arrangements or the employee must receive reasonable compensation for the failure to provide rest and meal breaks.
Contact our employment team for more information.
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