Meal Relief

[SSkUNkY]

The majority of people I have worked with take their meal relief at the end of their shift so in essence they can leave 30mins early.

One day when I refused to do lapsing as it would take me over my time for the 11th consecutive week my Line Manager upon my return to depot said I had to take my break onsite and if I didn't do so he would dock me pay.

Is he allowed to do this?

He is an habitual liar and is universally disliked for this and his constant laziness and ineptitude.

Surely when I take my break it is up to me how and where I spend it?

[fishtank]

Since you're not allowed to take your entire break at the end of your shift you don't really have a leg to stand on.
When you take your break is up to the employer as long as a minimum of 20 minutes is approximately in the middle of you duty, only where you take it is up to you.

[SSkUNkY]

If I can take it where I want then I don't have to be onsite and he is once again lying.

[broughts]

U can go where u like for your break,if you are leaving site u have to sign out then come back to sign off,just take your break when manager wants after all you are paid just make sure start and finish on time

[TrueBlueTerrier]

If I can take it where I want then I don't have to be onsite and he is once again lying.

Sorry to put a downer on it but the law is not that clear of precise. It merely says 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.

A secondary but major point is that if you are taking your break at the end of your duty, and the break is a statutory one, then it can't be taken at the end of the working day. A manager who is allowing people to take a statutory break at the end of the working day is technically in breach of the working time directive.

To be blunt you are lucky he is allowing you take the break, at my office they would send you out again or make you do indoor work for the 30 minutes.

[IcanthelpthewayIam]

If I can take it where I want then I don't have to be onsite and he is once again lying.

Sorry to put a downer on it but the law is not that clear of precise. It merely says 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.

A secondary but major point is that if you are taking your break at the end of your duty, and the break is a statutory one, then it can't be taken at the end of the working day. A manager who is allowing people to take a statutory break at the end of the working day is technically in breach of the working time directive.

To be blunt you are lucky he is allowing you take the break, at my office they would send you out again or make you do indoor work for the 30 minutes.

These guy seem to contradict you here though:

http://www.workplacesafetyadvice.co.uk/ ... break.html" onclick="window.open(this.href);return false;

There is a legal precedent I read in the papers a few years back it related to the ambulance service and their drivers taking breaks away from the ambulance station, can't seem to find it online though, but it did state that away from workstation did in fact mean away from premises if the employee wanted except if there was a safety risk

[IloveMYredTROLLEY!]

The majority of people I have worked with take their meal relief at the end of their shift so in essence they can leave 30mins early.

30mins paid meal relief entitlement is for OPGs who work for 5 to 6hrs59mins on a shift (this can increase due to overtime, it is not based simply on contract hours).

At hitting 7 hours, 40mins paid meal relief is due.

If you expect to work at least 7 hours, the standard break split is 20mins indoor and 20mins outdoor.

IIRC the national agreement states you can leave work 20mins early, if you have not taken your outdoor 20mins break, or you can add 20mins to your overtime claim. But you must take your indoor 20mins break.

Now having written the above, my depot has a number of OPGs that ask to work straight through and finish 40mins early, especially on Saturdays. We even have some that work through, but if they finish less than 40mins early, they don't claim the overtime!

Personally, I think you have a reasonable case for discrimination. If you have to stay in the depot to take your indoor meal relief, so should all other OPGs. Ask the lino to ring all the OPGs he/she has let go home, demanding they all travel back to the depot to take their indoor meal relief.

[fishtank]

I think some people are missing the point, If you don't take at least 20 mins of your break during your duty you forfeit it, breaks of less than 40 mins cannot be split, you can't claim "discrimination" because you don't have any of the protected characteristics and you certainly can't argue anything if you're not legally compliant yourself or following collective agreements.

What anyone else does is for the most part irrelevant.
Take your break when you're supposed to.

[hans solo]

not in my office they dont mgmt dont give a s**t about breaks
they are allowing people to take full breaks at end of their shifts
and they ,rm ,cwu reps all know its happening

[Jpro747]

not in my office they dont mgmt dont give a s**t about breaks
they are allowing people to take full breaks at end of their shifts
and they ,rm ,cwu reps all know its happening

Because the manager doesn't want to throw a spanner in the works, after all all the mail is going out and no one booking OT. Eventually RM will find out and just tell the manager to dish out more lapsing to fill their hours

[IcanthelpthewayIam]

breaks of less than 40 mins cannot be split.

thats actually incorrect a 30 minute break can be split to a 20 minute and 10 minute break and still comply with the law and current agreements

[AdTheBad]

IIRC the national agreement states you can leave work 20mins early, if you have not taken your outdoor 20mins break, or you can add 20mins to your overtime claim. But you must take your indoor 20mins break.

Interesting. Is there a link to the relevant doc/chapter & verse?

It'll be as well to be properly informed on this.

[hans solo]

and if you dont take a break now they will throw that at you in accident reporting

[IcanthelpthewayIam]

and if you dont take a break now they will throw that at you in accident reporting

Quite right to do that imho, not taking a break leads to greater fatigue and thus a greater chance of accident. that's why there are laws to make certain profession take compulsory breaks, personally think it should be compulsory for everyone

[2pints]

I take 10 mins before leaving and 20 at end of shift.You can split 30 mins.