Helen Ruelle
Director of Local Legal Services | Legal
Jersey
Director of Local Legal Services
Jersey
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News
03 November 2021
Jersey
ON THIS PAGE
The States Assembly has approved legislation that would introduce a 20 minute daily rest break and three weeks of paid annual leave.
The changes will take effect from 1 January 2022 and will require employers to provide:
A 15 minute break had originally been proposed, but a scrutiny panel successfully argued that employees should be entitled to a 20 minute break.
With less than two months' notice of this law change, clients may wish to consider reviewing their employment contracts, policies and staff handbooks.
Below we answer some of the key questions about the forthcoming new rights:
Yes, but only if they work for six hours or more in a particular working day. For example, if they work for six hours each Monday and four hours each Tuesday and Wednesday, they are entitled to a 20 minute break only on the Monday.
Rest breaks are an entitlement rather than a requirement. While it is unlikely to be easy to force an employee to take a break in the absence of other legal considerations (such as the employer's compliance with health and safety matters relevant to their undertaking), businesses should proactively ensure that working arrangements and practices enable employees to take the statutory break. Failure to do so may be regarded as a "refusal" of a rest break if an employee later claims that they were denied their entitlement.
No, the 20 minute break does not have to be provided separately and can be included as part of any existing arrangements for breaks as long as the requirement is met for no less than a 20 minute break in each six hour period worked.
Yes, the entitlement to a 20 minute break applies to each continuous period of six hours or more worked. The breaks could be combined, for example to provide a 40 minute break in the middle of the working day.
It will not be necessary for employees to remain in the workplace (potentially unpaid) for an additional 20 minutes each day. Breaks can be taken at the start or end of the working day (unlike in the UK where breaks must be taken in the middle of the working day, not at the beginning or end).
No, the law does not specify whether the 20 minute break is paid or unpaid. This is for the parties to agree as part of the individual's terms of employment.
No, the law provides an entitlement to a 20 minute break in each continuous working period of six hours or more.
Yes, the 20 minute rest break must be uninterrupted.
No, in Jersey, public and bank holidays are a separate entitlement in addition to statutory annual leave days.
No other changes have been proposed at this time.
Helen Ruelle
Director of Local Legal Services | Legal
Jersey
Director of Local Legal Services
Jersey
Contact Helen
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Will Austin-Vautier
Counsel | Legal
Jersey
Counsel
Jersey
Contact Will
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Laura Shirreffs
Senior Associate | Legal
Jersey
Senior Associate
Jersey
Contact Laura
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Kate Morel
Senior Paralegal | Legal
Jersey
Senior Paralegal
Jersey
Contact Kate
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