Paid breaks

Samsonite18 · Post by **Samsonite18** » 23 Feb 2017, 16:54

Hi everyone I got sent as cover to a different delivery office today to do a p&l with a full time duty holder. I took my breaks as accordingly but my partner worked through his 20 minute break. Went out completed our delivery and got back to the office 5 minutes before our finish time. Guy started filling out docket and when I asked why he said I'm claiming my 20 minutes for working through my break. Ok I said but we get paid for our breaks. I know he said but I worked through mine and I'm claiming for not taking it. Again I said to him but we get paid for our breaks but he still filled it in and wouldn't have it. I am right in saying you can't claim overtime for your break if don't work it as your already paid for your breaks.

visigoth · Post by **visigoth** » 23 Feb 2017, 17:04

Breaks ARE paid but if he hadn't skipped he'd have gone over his hours. Therefore entitled to claim. On the plus side, you made 5 minutes. :)

fishtank · Post by **fishtank** » 23 Feb 2017, 17:06

You can take 20 minutes of a 40 minute break at the end of your shift but only if you're entitled to 40 minutes obviously.
That's all he was doing, he can't or shouldn't be adding the full 40 minutes though

gb93 · Post by **gb93** » 23 Feb 2017, 17:10

No your wrong
Your p&l partner for day was right. Not that I condone doing it though.

Samsonite18 · Post by **Samsonite18** » 23 Feb 2017, 17:37

So if you work through all your paid breaks it's ok to claim them as overtime whether you finish on time or not. Isn't this fraud.

Post by **rambo1** » 23 Feb 2017, 17:49

Samsonite18 wrote:So if you work through all your paid breaks it's ok to claim them as overtime whether you finish on time or not. Isn't this fraud.

Obviously, if you work through your 40 min break and get back 40 mins before your finish time it's even Stevens so you can't claim any more.

visigoth · Post by **visigoth** » 23 Feb 2017, 17:50

Working through ALL is against the rules, as per fishtank's 20 of 40 at the end.

woofwoof · Post by **woofwoof** » 23 Feb 2017, 18:11

visigoth wrote:Working through ALL is against the rules, as per fishtank's 20 of 40 at the end.

It's employment law, not against any rules

fishtank · Post by **fishtank** » 23 Feb 2017, 18:54

woofwoof wrote:
visigoth wrote:Working through ALL is against the rules, as per fishtank's 20 of 40 at the end.
It's employment law, not against any rules

Technically there's nothing to stop you working through your entire break, even employment law doesn't force the employee to actually take the break, just that the opportunity is provided but given that booking the entire 40 minutes at the end is certainly against the rules you are just throwing 20 minutes away, if you try sticking 40 minutes at the end with some managers you're asking for a gross misconduct charge, one that would be difficult to defend.

gb93 · Post by **gb93** » 23 Feb 2017, 19:39

Samsonite18 wrote:So if you work through all your paid breaks it's ok to claim them as overtime whether you finish on time or not. Isn't this fraud.

If you finish as a ft 20 mins early you cannot claim your 20 min break as overtime no.
If you finish as a ft bang on your time & have not took any of your break or only 20 mins of it you can claim 20 mins overtime.
If you finish your duty ( which is getting back to office & cleared all return parcels) 10 mins after your finish time then if all is same as above you can claim 30 mins overtime.
Is that a bit clearer & put your mind at rest no fraud has been committed.

South_London_Postie · Post by **South_London_Postie** » 23 Feb 2017, 20:19

Your colleague was given a workload that would have took him over his time had he took his break. He made the executive decision to work through the break and book it as docket. Normal practice in my office. Think about it this way if he took his break he would have went over and still booked it as overtime.

lightningpostman · Post by **lightningpostman** » 23 Feb 2017, 20:48

can someone please define a break ?
while on a P&l or hct duty , you cannot leave a hct unattended for x amount of time how the hell your supposed to have a break?

how can you nibble on some fruit , biscuits and sit down somewhere?

where are the facilities to take a crap or unloaad the fluids in your bladder on your break?

on a P%l , is sitting in the van really a break?

any clear cut definitions of what a break is supposed to be while on a delivery?

Samsonite18 · Post by **Samsonite18** » 25 Feb 2017, 14:50

So if your contract is 30hrs a week and your break entitlement is 30mins a day yet you work through your 20 minute morning break and say your finish time for the day is 14:00. If you finish on your time would you claim 20 minutes or would you claim the full 30 minutes.

Post by **TrueBlueTerrier** » 25 Feb 2017, 15:15

Samsonite18 wrote:So if your contract is 30hrs a week and your break entitlement is 30mins a day yet you work through your 20 minute morning break and say your finish time for the day is 14:00. If you finish on your time would you claim 20 minutes or would you claim the full 30 minutes.

Neither - see Fishtanks post above.

There is no agreement to split the 30-minute break, but the statutory break is 20 minutes somewhere in the middle. So you might be able to swing 10 minutes but certainly not the 20 or 30 minutes suggested.

The reason why FTs can do it, and I grant it may look unfavourable to PTs, but its down to the statutory break of 20 minutes that must be taken somewhere in the middle. If the business allowed you to take all your statutory break (or part) at the end then technically its breaking the law, ergo they can't allow you to claim overtime if you finish early by not taking the statutory part, or even if you go over and claim the break as overtime.

Samsonite18 · Post by **Samsonite18** » 25 Feb 2017, 15:35

So to clarify if your on a 30h week and you work through your break you can't claim. You can only claim for working past your finish time.