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and a weekly rest break of two days off each week. This cannot be averaged over a twoweek
period and should normally be two consecutive days.
Most adult workers are entitled to a break of 20 minutes when the working day is over six
hours long. (If you are under 18 years of age, you are entitled to a 30-minute break after
working for four and a half hours.)
In addition, you are entitled to adequate rest breaks if the work is likely to put your health
and safety at risk. This is likely to be the case if the work you do is repetitive, for example if
you are working on a production line.
4.3.6 Additional protection for working nights
A night worker is any worker whose daily working time includes at least three hours of night
time on the majority of days they work. Night time is normally the period between 23.00
and 06.00 (11pm and 6am), although employers and workers can reach an agreement to
choose a different period. If they do, it must be at least seven hours long and include the
period from midnight to 05.00 (5am).
Most workers who regularly work nights should not work more than an average of eight
hours in each 24-hour period. If the work you do at night is particularly hazardous or
involves heavy physical or mental strain, you should never work over eight hours in any 24-
hour period (with some limited exceptions). Most workers are also entitled to a free health
assessment at regular intervals if they work nights.
You are entitled not to be penalised or treated less favourably by your employer as a result
of asserting these working-time rights.
Please note that domestic workers are excluded from the additional protection for night
workers and the 48-hour week limit.
4.3.7 Paid holidays
Most workers should receive 5.6 weeks paid holiday each year. This is 5.6 times the
contracted working week, so if you work five days a week you should receive 28 days paid
holiday each year (28 days is the upper limit of the basic 5.6 weeks, but your contract can
give you more). However, unless your contract gives you public holidays (some are called
‘bank holidays’ in the UK) in addition, these public holidays are counted when calculating
the 5.6 weeks. There is guidance on working out holiday entitlement on the NI Direct
website: www.nidirect.gov.ukholiday-entitlements
4.3.8 Protection from discrimination
You should not be treated less favourably compared to other workers or harassed on racial
grounds or because of your sex, pregnancy or maternity, gender reassignment, sexual
orientation, religion, political belief, disability, or age. Discrimination does not have to be
obvious or direct. For example, if a practice negatively affects more people in one racial
group than those in another racial group, it may amount to unlawful discrimination unless it
can be justified by the employer.
The right to freedom from discrimination exists from the time when you apply for a job.
This means that if you feel you were not given a job because of, for example, your gender
or race or national origin, you can take action against your prospective employer. If you
think discrimination has prevented you from getting a particular job, you should seek
advice.
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