Break at end for part timers

[veronihilverius]

Here we go again.

I have been doing all i can to get to the bottom of a dispute at our office

Part timers are told they must take there break at the end and not during the shift + and that has been confirmed by managers in writing.

We presented the 2000 way forward agreement that states " in any attendance a break must not be scheduled at the end "

Management have came back stating the 2010 cwu agreement = Appropriately scheduled meal breaks ( consistent with relevant working time legislation).

Still forced to take break at end .....

one guy has feinted and collapsed on his duty ...... he says he keeps getting light headed because he cant stop to have a break and his lunch food sandwiches

basicaly we dont get a break we get back then go home .. our break is while we walk home?

IS management right about the 2010 agreement?

[Pinky 1]

All our part timers have their meal relief before leaving the office ...... and the lino's insist on it.

[clashcityrocker]

I can perhaps understand why the break can't be scheduled prior to dispatch, (perhaps) but what are the f/t staff doing?
Can the break not be taken out on delivery because f/t are paired with p/t?

It simply seems to be ppp.

[veronihilverius]

I can perhaps understand why the break can't be scheduled prior to dispatch, (perhaps) but what are the f/t staff doing?
Can the break not be taken out on delivery because f/t are paired with p/t?

It simply seems to be ppp.

FUll timers are on 20/20 split they take 20 before they leave and 20 at the end which is ok because if you have two breaks then one can be scheduled at the start or at the end.

But if you only have break .. it may not be scheduled at the start of at the end . Atleast thats what we thought? But seems the 2010 has changed that .

[IcanthelpthewayIam]

Ok Firstly:

We presented the 2000 way forward agreement that states " in any attendance a break must not be scheduled at the end "

The way forward does not state that, Breaks can be scheduled at the beginning or end but only if you have more than one break. It actually states

Breaks at the beginning or end of attendance

Where an attendance is provided with more than one break, the second break may be scheduled at the beginning or end, in which case attendance is not required solely for booking on or off. A single break should not be scheduled at the beginning or end of the attendance.

one guy has feinted and collapsed on his duty ...... he says he keeps getting light headed because he cant stop to have a break and his lunch food sandwiches

Now i hope when completing the accident investigation on ERICA that the employee stated that he hadnt had a break due to it being scheduled in writing at the end of his shift and this was the main factor causing his accident, because if he did i can pretty much guarantee that this will fix the problem very quickly, the accident management unit will come back with a directive to change the breaks and if dom doesnt comply a little email to moya containing all the details will fix it.

Management have came back stating the 2010 cwu agreement = Appropriately scheduled meal breaks ( consistent with relevant working time legislation).

IS management right about the 2010 agreement?

Sort of but not in the way they want, it does state that, however you need the full section of the agreement to get its context, they are using it to say that they are appropriately scheduling it to fit with deliveries but thats not what the agreement means :

People will be kept safe and secure through the introduction of and compliance with:-

All health and safety legislation, and agreed safety standards and policies.

Identifying the causes of stress - and working jointly to address them.

Safe and Secure working environment (including risk assessment and the provision of information, training, instruction and supervision)

Standardised walk logs containing easily identifiable information on hazards

Everyone acting in a responsible manner

Improved Workplace design

Appropriate delivery equipment and tools for the job, including clothing

Appropriate Delivery methods.

Fatigue – Understanding, Identifying and tackling the causes of fatigue.

Sharing and reviewing performance information to improve safety

Appropriately scheduled meal breaks ( consistent with relevant working time legislation)

its under health and safety so it means appropriately in terms of the employee's health and safety and they need to demonstrate it being safe and approriately safe if he wants it at the end. Get the Area rep to put in a formal disagreement if DOM as put it in writing

[veronihilverius]

so what the fuk ? Should a part timers break be at the end or not .. why all the confusion for f**k sake

our rep doesnt know. moya doesnt know. cwu doesnt know

jeezo

[IcanthelpthewayIam]

so what the fuk ? Should a part timers break be at the end or not .. why all the confusion for f**k sake

our rep doesnt know. moya doesnt know. cwu doesnt know

jeezo

its quite simple if DOM wants to schedule it at the end he has to put in writing that its appropriately safe to do so, what reason did he put for scheduling at the end?

one other thing, any pt member of staff have an attendance greater than 6 hours and still getting break scheduled at end?

[fishtank]

If you look at the delivery reps support document for the business transformation agreement the section you quoted from BT2010...

Appropriately scheduled meal breaks ( consistent with relevant working time legislation).

Is actually hyperlinked to a copy of the Way Forward:Meal Breaks so it's pretty obvious what the union's position is with regards to meal relief.

http://www.cwu.org/assets/_files/docume ... cument.pdf" onclick="window.open(this.href);return false;

Write up a disagreement and let the full release bods take care of it.

[veronihilverius]

legislation being the way forward agreement OK? (legislation already in place)

Maybe he is mixed up with "Legal Regulations" . and thinks that because a part timers duty is less than 6 hours then they are not entitled to a break.

Where in fact contractual legislation with cwu and RM effectively state the health safety concerns and that a single break must not be taken at the end .

yes?

[clashcityrocker]

legislation being the way forward agreement OK? (legislation already in place)
yes?

No, I think the relevant working time legislation is the law, not RM/CWU agreements.

[veronihilverius]

Oh i see so its all about the invisible "hyperlink" lol not handy when you are dealing with just paperwork .....

[beanmuncha]

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

2. Rules for taking breaks

Employers can say when workers take their rest break during work time as long as:

1.the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
2. the worker is allowed to spend it away from their desk or workstation (ie away from where they actually work)

If an employer says a worker should go back to work before their break is finished, it doesn’t count as a rest break.

You should take a break somewhere in the middle of your duty for H&S reasons alone, You need food and fluids in your body.
This should be reported to your area rep and H&S rep asap.

[veronihilverius]

yes bean muncher , if u work over 6 hours u must get a break . and that must no be at the end.

the issue here is people under 6 hours , its still company policy that break must not be at the end for under 6 hours aswell.

But this manager forces at the end.

Hence the problem and trying to find the real truth to it all as to how he can do it + get away with it

[Glenno]

I can perhaps understand why the break can't be scheduled prior to dispatch, (perhaps) but what are the f/t staff doing?
Can the break not be taken out on delivery because f/t are paired with p/t?

It simply seems to be ppp.

FUll timers are on 20/20 split they take 20 before they leave and 20 at the end which is ok because if you have two breaks then one can be scheduled at the start or at the end.[b

But if you only have break .. it may not be scheduled at the start of at the end . Atleast thats what we thought? But seems the 2010 has changed that .

Also worth remembering that P/Timer normally is allocated 30mins? meal relief so why can't it run concurrant with F/T less the 5 mins on each break????????????? also Work Time Directives are the Law not just an agreement between RM/CWU

[IcanthelpthewayIam]

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

2. Rules for taking breaks

Employers can say when workers take their rest break during work time as long as:

1.the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
2. the worker is allowed to spend it away from their desk or workstation (ie away from where they actually work)

If an employer says a worker should go back to work before their break is finished, it doesn’t count as a rest break.

You should take a break somewhere in the middle of your duty for H&S reasons alone, You need food and fluids in your body.
This should be reported to your area rep and H&S rep asap.

only issue for this is that for a part timer working less than 6 hours there is no legal right for a rest break, so if an employer gives you a rest break he legally can schedule it any time he wants as its not a "statutory rest break" which must be in the middle