The government has initiated a dialogue with a range of bodies asking them what pros and cons might be involved if employers were required to count incapacity.
If there is a possibility that an employee might have to work during a time when they are supposed to be resting, then they should be paid for the whole break.
When calculating the minimum that someone should be paid under the law, a number of subtractions can be made as long as they are connected to the person’s work.