Meal Reliefs

[walkingnightmare]

Hi All,

I'd love to say " Here's looking forward to 2010"....Can't quite bring myself to do so!!

Can someone please advise me on meal reliefs. Up until fairly recently most workers were taking their meal relief at the end of their duty time (Wrong I know, but true). Now our DOM insists on 20 minutes before we go out on delivery and 20 minutes at the end of our duty, only thing is most people are still not taking their meal breaks before they go out and due to increased workloads i.e lapsing they are being told "if you don't take it then you lose it", some people have genuine issues regarding child care etc and are effectively only getting their 20 minutes at the end of their duty, this obviously pleases our DOM as he's effectively getting an extra 20 minutes work. He's says "Not my problem if people choose not to take their break, if they don't take it they lose it, simple".
I was always lead to believe from past experience that it was the employers responsibility not only to provide meal breaks where appropriate but also to ensure that they are taken. Can anyone lead me in the right direction, I'm sure this is covered under health & safety somewhere.

Take care & stay safe you lovely postmen & women......my words not my DOM'S!!!!

[fishtank]

Your employer is not legally bound to force you to take your breaks.
However he must not do anything that encourages people not to take them.

[smokerjim]

The best ( but hardest ) answer is to take at least 20 mins meal relief before going out, then if unable to complete in time, tell the DIM before leaving "Sorry boss, I won't be able to complete in time - wotcha want me to do? Leave some mail here, or bring back what I don't deliver?" and when he ( inevitably ) asks why you didn't leave earlier say "I was taking my meal relief....as you keep telling us, use or lose it, eh Boss?" *flickingthevickysmiley*

[jcjd]

We were told by area H & S rep that nobody should work more than 5 hours without a break and if people were then DOM should insist on people taking a break before leaving the office, and 318's had to show people taking a break before delivery on an 8 hour attendance

[MinisterofCucumber]

Your employer must give you at least the rest breaks required by the Working Time Regulations. They must also ensure that your health and safety is not put at risk.

As an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch.

A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.

The requirements are:

the break must be in one block

it cannot be taken off one end of the working day - it must be somewhere in the middle

you are allowed to spend it away from the place on your employer's premises where you work

your employer can say when the break must be taken, as long as it meets these conditions.

I would argue that your DOM should be making sure that everyone takes their mid-shift break otherwise he could be held responsible for putting their health and safety at risk.

Take this up with your union rep. If you get no joy, put in a grievance.

[welshy808]

I was under the impression that your meal relief could not be taken at either the begining or the end of duty, due to Heath and Saftey legislation and that your DOM had to encourage you to take your meal relief, but was not obliged to force you to take it. So both your 20 minute breaks or your 40 min break should be taken in the middle of your duty span. if you cannot compleat regularly without working through your breaks then your duty must be too big and needs adjusting. the only way a DOM will take any notice is if you take your breaks and then cut off. (don't take the piss, work at resonable levels and there is nothing that your DOM could do to prevent you from cutting off.)

[wandererpaul]

I was under the impression that your meal relief could not be taken at either the begining or the end of duty, due to Heath and Saftey legislation and that your DOM had to encourage you to take your meal relief, but was not obliged to force you to take it.

I believe you are incorrect.

20 minutes should be scheduled on your 318's, ours has it at 09:35 to 09:55, then another 20 minute break to be taken at anytime after 09:55. so theoretically you could take the full 40 minutes before you go out or 20 minutes during delivery (notifying the DOM that you're doing that) or take it at the end of your duty,

[welshy808]

I was under the impression that your meal relief could not be taken at either the begining or the end of duty, due to Heath and Saftey legislation and that your DOM had to encourage you to take your meal relief, but was not obliged to force you to take it.

I believe you are incorrect.

20 minutes should be scheduled on your 318's, ours has it at 09:35 to 09:55, then another 20 minute break to be taken at anytime after 09:55. so theoretically you could take the full 40 minutes before you go out or 20 minutes during delivery (notifying the DOM that you're doing that) or take it at the end of your duty,

I think you misunderstood me. I'm not saying that your second 20 minute break cannot be taken during your delivery, rather it must not be taken at the end of your delivery to give you an early finish. you are entitlied to a minimum of 20 minutes rest break by employment law. As RM have an agreement with the CWU this is incressed to 40 minutes in either one block or 2 twenty minute blocks in you contract under Collective bargaining, but your break still should bein the middle of your attendance "it cannot be taken off one end of the working day - it must be somewhere in the middle".

[MinisterofCucumber]

Only one 20 min break must be taken somewhere in the middle of your shift. The rest of your break can be taken anywhere in your shift provided it is ok with management. Obviously, if one of your workmates is allowed to take their break at a certain time and you are not, then you are being discriminated against.

[coxie]

you are allowed to take the full 40mins in the middle of your shift if you want, but at the very least you have to take 20mins because that is the minimum requirements set out by the goverment, if you dont take it and have an accident on delivery you will not be covered for any claims. If your DOM agrees you can take 20 and 20 at the end of you duty but if you want to take the full 40mins in the middle he cant stop you doing that, but you cant take 40mins off your finish time.