Taking your meal relief on delivery can I .......

Stammerking · Post by **Stammerking** » 15 Mar 2016, 18:23

go into a shop on my delivery and have a cuppa whilst eating my lunch? Van outside mail secure in the back no keys or PDA on show. Usually have about 40 mins delivery left then I empty a Post Office so don't want to take it at the end of my delivery with bags of mail and specials.

Thanks Rich

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 15 Mar 2016, 19:04

Yes and no, it all depends on the security risk assessment done by your manager, so either yes you can or if it's a no then a suitable place must be found for you to leave the van and the take it, ie drive van back to do then take full break then drive back to where you were, the law on this is clear you must be able to take break away from the work station if you wish ie the van,

Chewster · Post by **Chewster** » 15 Mar 2016, 19:12

I've never had it explained to me by managers or workplace coaches about taking breaks, and indeed very few of us in our office take breaks. If I'm on a vanshare duty then sometimes my partner and I will nip to the shop and sit in the van and have a sandwich or something, though this is usually only 10 or 15 minutes. If I'm on a HCT duty (which I usually am), then if I were to take a break, would I HAVE to take it in when I'm still in the DO? If I'm on a 6.30 start and I'm ready to leave the office by 8.30 or 9, why would I want to take a break after less then three hours when I still have 4 and a half or more hours ahead of me? Right now though, I'm usually on a 9am start, I come in, tie up and go. still entitled to a 20 minute or half hour break (can't remember which). Surely I'm not expected to take that before I go on delivery, only 20 odd minutes after starting!?

Postie45 · Post by **Postie45** » 15 Mar 2016, 19:39

Chewster wrote:I've never had it explained to me by managers or workplace coaches about taking breaks, and indeed very few of us in our office take breaks. If I'm on a vanshare duty then sometimes my partner and I will nip to the shop and sit in the van and have a sandwich or something, though this is usually only 10 or 15 minutes. If I'm on a HCT duty (which I usually am), then if I were to take a break, would I HAVE to take it in when I'm still in the DO? If I'm on a 6.30 start and I'm ready to leave the office by 8.30 or 9, why would I want to take a break after less then three hours when I still have 4 and a half or more hours ahead of me? Right now though, I'm usually on a 9am start, I come in, tie up and go. still entitled to a 20 minute or half hour break (can't remember which). Surely I'm not expected to take that before I go on delivery, only 20 odd minutes after starting!?

ask your manager when you should take it. He`ll probably leave it up to you, youre not allowed to have the break right at the start or at the end - only 20 minutes would count too close to being "at the start" although i dont think theres a more concrete guideline of how long into the day it should be taken.

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 15 Mar 2016, 19:47

Chewster wrote:I've never had it explained to me by managers or workplace coaches about taking breaks, and indeed very few of us in our office take breaks. If I'm on a vanshare duty then sometimes my partner and I will nip to the shop and sit in the van and have a sandwich or something, though this is usually only 10 or 15 minutes.

best thing is if you want to start insisting on your breaks which is your rite, then approach the dom and ask him how he wants you to take them firstly and if he gets shirty then get the rep involved

Chewster wrote: If I'm on a HCT duty (which I usually am), then if I were to take a break, would I HAVE to take it in when I'm still in the DO?

Not necessarily but that would be up to your dom to decide how he wants to manage your breaks

Chewster wrote: If I'm on a 6.30 start and I'm ready to leave the office by 8.30 or 9, why would I want to take a break after less then three hours when I still have 4 and a half or more hours ahead of me?

you are paid for breaks, if you take it before you go out, then there is less temptation in my opinion to work through it whilst out on delivery, by taking it in the office you may be out of office later than others and as such visibly less time for things like lapsing when doms try to force it on you

Chewster wrote: Right now though, I'm usually on a 9am start, I come in, tie up and go. still entitled to a 20 minute or half hour break (can't remember which). Surely I'm not expected to take that before I go on delivery, only 20 odd minutes after starting!?

Legally a break could be scheduled for that time, as long as its not at the start or at the end but "somewhere" in the middle(and there is no definition of what in the middle is except that its not at start or end)

wannabeek · Post by **wannabeek** » 15 Mar 2016, 19:58

Stammerking wrote:go into a shop on my delivery and have a cuppa whilst eating my lunch? Van outside mail secure in the back no keys or PDA on show. Usually have about 40 mins delivery left then I empty a Post Office so don't want to take it at the end of my delivery with bags of mail and specials.

Thanks Rich

Has somebody told you that you cannot do that? It sounds reasonable to me but your manager can instruct when and where to take breaks, within certain limitations.

Stammerking · Post by **Stammerking** » 15 Mar 2016, 20:36

Return to the office would mean a 20 drive back,they are clamping down on people taking their break at the end which is fair enough my only problem is that I do my lapsing at the end of my duty if I have time

which they pull a face at as I have to do my round a different way due to having 2 bridges out after the floods.One of the runners heard me saying that I would not be able to lapse due to heavy mail he shouted out that he spends an hour talking to his mates in the shop

.i have no more than 20/30 minutes for my break but getting a bit nervous they will come a stalking

wannabeek · Post by **wannabeek** » 15 Mar 2016, 20:57

If you're doing nothing wrong then I'm sure you should fear no surprise visit, no matter where or when it is. I was in one distant office on loan once and stopped at a maccy dee's near the end of the delivery. Sod's law a manager from work saw me in there and said hello. I had nothing to hide, no reason not to be civil and continue with my meal. If he had suggested sharing a table tho I think I would have politely declined!

Post by **burtons** » 15 Mar 2016, 22:48

spot on zx.i cant see a problem with this.just run it past your manager first.either way you are entitled by law to a break away from your van.simples

Pompey Boy · Post by **Pompey Boy** » 16 Mar 2016, 00:02

If you don't take at least a 20 min break after 6 hours work YOU are breaking the law - nuff said.

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 16 Mar 2016, 11:19

Pompey Boy wrote:If you don't take at least a 20 min break after 6 hours work YOU are breaking the law - nuff said.

exactly what law states that a break must be taken? exactly what part of the law says that not taking the break is against the law?

fishtank · Post by **fishtank** » 16 Mar 2016, 12:09

I suppose technically you're in breach of contract which could technically allow the company to seek recompense through law but not even Perry Mason ( Google ) could make that stick.

Pompey Boy · Post by **Pompey Boy** » 16 Mar 2016, 12:39

zx135 wrote:
Pompey Boy wrote:If you don't take at least a 20 min break after 6 hours work YOU are breaking the law - nuff said.
exactly what law states that a break must be taken? exactly what part of the law says that not taking the break is against the law?

The Working Time Directive, which states that any worker must have a 20 minute break after 6 hours. If you hadn't had a break, were involved in a serious accident which was investigated by the Police and neither you or RM could prove that you had taken a break, then you would both be prosecuted.

fishtank · Post by **fishtank** » 16 Mar 2016, 13:01

The working time directive states no such thing pompey boy

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 16 Mar 2016, 14:55

zx135 wrote:
Pompey Boy wrote:If you don't take at least a 20 min break after 6 hours work YOU are breaking the law - nuff said.
exactly what law states that a break must be taken? exactly what part of the law says that not taking the break is against the law?

Pompey Boy wrote:The Working Time Directive, which states that any worker must have a 20 minute break after 6 hours.

You are stating that the employee is breaking the law if not taking the break, and claim the working time directive states this, could you please show exactly where it states that in the working time directive that the employee would be breaking the law by not taking it?

Pompey Boy wrote:If you hadn't had a break, were involved in a serious accident which was investigated by the Police and neither you or RM could prove that you had taken a break, then you would both be prosecuted.

what difference does a serious accident make you are stating the law is being broken regardless of an accident or not, what you may be alluding to here is that fatigue may be a contributing factor in an accident, but being in a accident does not mean that fatigue is a factor in causing the accident and you are stating that you would be prosecuted regardless even if it wasnt a factor, could you please show what law you would be prosecuted under for not having a break regardless of whether it was a factor or not in an accident