Q Is there a legal obligation to keep a record of breaks taken by staff and can the nursery force its staff to take breaks if their preference is to work through?
A There is no legal obligation to keep a record of breaks taken, although some nurseries do keep such records as a matter of course. This can be prudent in the event that a dispute arises.
Employers must ensure staff can take rest periods, but aren’t required to force staff to take them. Staff can elect not to take their breaks, provided this does not result in a risk to health and safety or breach the 48-hour average weekly limit (where no opt-out is in place).
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