A worker might need to work through their rest entitlement. This should not happen regularly and the employer must have a valid reason for it.
If a worker has to work when they're supposed to be resting, the employer must still make sure they get 'compensatory rest'. This means they take their rest later or in a different way.
This applies to workers in jobs:
- that need 'continuity of service or production' – where they need to keep working for a longer period of time, for example in agriculture, hospitals and the media
- with seasonal rushes, such as tourism and agriculture
- in security, caretaking or similar
- who work shifts and are changing their shift pattern
- who have to travel regularly between different workplaces, for example travelling salespeople
- where emergencies, unusual or unforeseen things can happen
- where they live a long way from where they work – including offshore workers
The worker and employer should agree together how the compensatory rest is taken. This rest should be for an 'equivalent period'. This means the same length and type as the missed rest.
Find out more about jobs with different rules for working hours and rest
If the employer cannot provide compensatory rest
If the employer cannot find a way to provide compensatory rest, they must find another way to protect the worker's health and safety.
For example, they could:
- offer the worker a health assessment – they do not have to accept it
- put them on lighter duties for a while
- give them extra support, such as help from a manager or supervision