meal relief question

[fishtank]

as for where he takes meal relief, the law is pretty clear, your employer can not specify where you take your meal break.

Show me where the law is clear on that.
Here is the law.
Where does it state that your employer can't tell you where to take your break?
http://www.legislation.gov.uk/uksi/1998 ... on/12/made" onclick="window.open(this.href);return false;

Rest breaks

12. (1) Where an adult worker’s daily working time is more than six hours, he is entitled to a rest break.

(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

(4) Where a young worker’s daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.

(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.

[IcanthelpthewayIam]

as for where he takes meal relief, the law is pretty clear, your employer can not specify where you take your meal break.

Show me where the law is clear on that.
Here is the law.
Where does it state that your employer can't tell you where to take your break?
http://www.legislation.gov.uk/uksi/1998 ... on/12/made" onclick="window.open(this.href);return false;

Rest breaks

12. (1) Where an adult worker’s daily working time is more than six hours, he is entitled to a rest break.

(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

(4) Where a young worker’s daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.

(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.

Thanks actually you quote the part yourself, i've highlighted it in red, there was a case on the east coast of scotland in the ambulance service about 10 years back where by an ambulance worker took the scottish ambulance service to court over the matter, and the judge ruled that the part you have quoted specifically meant that an employer cannot insist that a worker take their break at their workplace and are allowed to take it off premises, and as such it states on guidance on the matter that you can take your breaks away from your workplace

https://www.gov.uk/rest-breaks-work/taking-breaks" onclick="window.open(this.href);return false;

2. Taking breaks
Employers can say when employees take rest breaks during work time as long as:

the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)
It doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished.

http://www.acas.org.uk/index.aspx?articleid=4282" onclick="window.open(this.href);return false;

Workers are entitled to take their 20-minute break away from their workstations, and should do so at some point during the day rather than adding the break to the end or beginning of work. The employer can decide when they are taken, and they don't have to pay workers for their rest breaks.

[fishtank]

The point is there is nowhere in the law that "clearly states your employer can not specify where you take your meal break".
What they can't do is make you take it at your "workstation" which is generally considered to be your desk or normal work area.

The reason this part of legislation was introduced was to stop the practice of office workers eating at their desks and continuing working, It wasn't designed to stop employers who have provided separate canteen and rest facilities from insisting that staff remain on the general work premises.

In certain industries they do for security reasons and it is perfectly legal although obviously if an employer does not provide separate rest facilities they would have no grounds to keep you on the premises.

Like most of these things you would have to take it to a tribunal to get an individual ruling on your case but at the end of the day the point is clear from reading the actual words of the legislation that, tribunal interpretations aside there is nowhere in the law itself that "clearly states your employer can not specify where you take your meal break".

[Postie45]

if they tell you where to take it, isnt it like being told to do something thus not a break ?

[halfull]

i would always check with my dom or line manager before going home, especially if you have mail with you. Just a thought

[Postaltony]

Everyone should be having at least 20 mins meal relief before going on delivery.
There are qaudrant run canteens being earmarked for closure due the lack of use, driven by the selfishness of people cutting corners and making the job look like its achievable. Your play into managments hands and they'll only close more canteens and lapse more duties because your helping them.

[bogstandard]

There is also the question of privacy. If you use your car for official reasons IIRC part of the agreement says Royal Mail are allowed access to search it when requested. As a Meal Relief is technically part of your official duty would that also mean they should be allowed to search your property at a moments notice.

if you spent it in a cafe or debenhams are they allowed to search there too ?

[TrueBlueTerrier]

There is also the question of privacy. If you use your car for official reasons IIRC part of the agreement says Royal Mail are allowed access to search it when requested. As a Meal Relief is technically part of your official duty would that also mean they should be allowed to search your property at a moments notice.

if you spent it in a cafe or debenhams are they allowed to search there too ?

Actually yes if they have the agreement of the owner, or the police have a warrant or justified suspicion that a crime has been, or is being, committed.

But in the normal day to day running of course they don't. However if people are slopping mail in a Cafe or shop then they'll be found out very quickly. If they are doing it in their home then they won't be found out without a search and within certain guidelines and stipulations and acts of law, your home can already be searched anyway.

[bogstandard]

There is also the question of privacy. If you use your car for official reasons IIRC part of the agreement says Royal Mail are allowed access to search it when requested. As a Meal Relief is technically part of your official duty would that also mean they should be allowed to search your property at a moments notice.

if you spent it in a cafe or debenhams are they allowed to search there too ?

Actually yes if they have the agreement of the owner, or the police have a warrant or justified suspicion that a crime has been, or is being, committed.

But in the normal day to day running of course they don't. However if people are slopping mail in a Cafe or shop then they'll be found out very quickly. If they are doing it in their home then they won't be found out without a search and within certain guidelines and stipulations and acts of law, your home can already be searched anyway.

so based on your post, with your consent or a police warrant.
the Ib or the old bill cant just turn up and demand to search anything cause they fancy doing it there must be a reason.

[Kings Norton]

Why does different offices take breaks at different times? Example we have to take the full 40 mins before we leave the office yet firm drivers can take theirs off at the end of the duty. Reading on here all offices are different this should be a national thing. reason why our office take 40 mins before they go out is because management know dam well three quarters won't take it massive office saving.

[TrueBlueTerrier]

Actually yes if they have the agreement of the owner, or the police have a warrant or justified suspicion that a crime has been, or is being, committed.

But in the normal day to day running of course they don't. However if people are slopping mail in a Cafe or shop then they'll be found out very quickly. If they are doing it in their home then they won't be found out without a search and within certain guidelines and stipulations and acts of law, your home can already be searched anyway.

so based on your post, with your consent or a police warrant.
the Ib or the old bill cant just turn up and demand to search anything cause they fancy doing it there must be a reason.

Thats what I said I thought.