Break Time RULES

[realitybites]

Question here for you people. would appreciate some opinions...... (dont post much, but always reading and keeping up to date with you lot)

our office this week has changed the start and finish times of some of the reserve 30hr staff....

instead of throwing their walk off and then taking it out, there now making them come in later, the walk will be prepped, they then take it out and then when they get back, they have to take another row out from a different walk.... which takes them up to their time...

old times 8.20 - 2.30 - break at 9.45 - 10.05.

new times 9.30 - 3.20 - break at 3.00 - 3.20.

for this to be possible, the manager said there to take the break at the end, which keeps them at "last delivery letter before 3pm.

now my question is...... are we allowed to take our break at the end????... i thought it had to be in the middle???.

has the manager just made this rule up to suit them (break at end) or is this allowed?. if not, have they got a case and should they get the union involved?

thanks..
im confused???

Well for one, why are you only taking a 20 minute break? 5 hours to 6 hours 59 entitles you to a 30 minute break so yes, get your rep involved with that for a start

[TrueBlueTerrier]

For another it go against government guidelines (not sure of its legal status) http://www.direct.gov.uk/en/Employment/ ... G_10029451" onclick="window.open(this.href);return false;

Rest breaks - a break during your working day

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

He has made it up basically - escalate to area rep preferably the ASR.

[factorycat]

thanks... will speak to union tomorrow!!!!.

as for breaks and how long?.

is it 20mins or 30mins? (30hr contract)

[TrueBlueTerrier]

The agreed break with RM is 30 minutes

meal relief.png

[CharlesSpooner]

Question here for you people. would appreciate some opinions...... (dont post much, but always reading and keeping up to date with you lot)

our office this week has changed the start and finish times of some of the reserve 30hr staff....

instead of throwing their walk off and then taking it out, there now making them come in later, the walk will be prepped, they then take it out and then when they get back, they have to take another row out from a different walk.... which takes them up to their time...

old times 8.20 - 2.30 - break at 9.45 - 10.05.

new times 9.30 - 3.20 - break at 3.00 - 3.20.

for this to be possible, the manager said there to take the break at the end, which keeps them at "last delivery letter before 3pm.

now my question is...... are we allowed to take our break at the end????... i thought it had to be in the middle???.

has the manager just made this rule up to suit them (break at end) or is this allowed?. if not, have they got a case and should they get the union involved?

thanks..
im confused???

Going strictly by the work time regs if your 30 hour staff are only doing 930-320 (5h50mins) RM aren't legally obliged to give break at all - that's only for 6+ hours at a time. However a break is included - the exact length for that span escapes me now, though it probably is 20 mins or so. Because it isn't a 6+ hour duty though RM are not obliged (AFAIK) to give the break in the middle of the duty and this seems to be what your manager is doing. Not great but not strictly wrong.

It does raise an interesting issue that you should ask about though - If you are expecting to go over or asked to go over by 10 mins or more this makes the 5h50m shift into a 6+ hour shift. Because it's over 6 hours a 20 min break must legally be given in (or around) the middle of that shift.
If someone gets back to take another row out and this row will take them over 6 hours then technically they can't perform that work as the middle of their shift (I'd imagine) has long since passed leaving no way their break, which must now legally be taken, can be fitted in within the framework outlined by work time directives.

[fishtank]

You can only schedule part of a split break at the end of your shift.
In the case of a single break it must be taken in the middle.

Way Forward is quite clear on this,

breaks.jpg

[factorycat]

Question here for you people. would appreciate some opinions...... (dont post much, but always reading and keeping up to date with you lot)

our office this week has changed the start and finish times of some of the reserve 30hr staff....

instead of throwing their walk off and then taking it out, there now making them come in later, the walk will be prepped, they then take it out and then when they get back, they have to take another row out from a different walk.... which takes them up to their time...

old times 8.20 - 2.30 - break at 9.45 - 10.05.

new times 9.30 - 3.20 - break at 3.00 - 3.20.

for this to be possible, the manager said there to take the break at the end, which keeps them at "last delivery letter before 3pm.

now my question is...... are we allowed to take our break at the end????... i thought it had to be in the middle???.

has the manager just made this rule up to suit them (break at end) or is this allowed?. if not, have they got a case and should they get the union involved?

thanks..
im confused???

Going strictly by the work time regs if your 30 hour staff are only doing 930-320 (5h50mins) RM aren't legally obliged to give break at all - that's only for 6+ hours at a time. However a break is included - the exact length for that span escapes me now, though it probably is 20 mins or so. Because it isn't a 6+ hour duty though RM are not obliged (AFAIK) to give the break in the middle of the duty and this seems to be what your manager is doing. Not great but not strictly wrong.

It does raise an interesting issue that you should ask about though - If you are expecting to go over or asked to go over by 10 mins or more this makes the 5h50m shift into a 6+ hour shift. Because it's over 6 hours a 20 min break must legally be given in (or around) the middle of that shift.
If someone gets back to take another row out and this row will take them over 6 hours then technically they can't perform that work as the middle of their shift (I'd imagine) has long since passed leaving no way their break, which must now legally be taken, can be fitted in within the framework outlined by work time directives.

thanks for bringing that to my attention. just spoke to one of my pals who this affects and its 9.30 till 3,30. they finish at 3.10pm. which makes it a 6hr duty...

[fishtank]

thanks for bringing that to my attention. just spoke to one of my pals who this affects and its 9.30 till 3,30. they finish at 3.10pm. which makes it a 6hr duty...

It doesn't make any difference if it is a 5hr or 6hr attendance.
You are covered by a collective agreement that states that you are entitled to a 30 min break and that it should be scheduled in the middle of your attendance.

[factorycat]

spoke the the person this is affecting... he is on it again next week!!!!!!

told him to speak to union, he did... and union said, its "only 2" people doing these hrs, and if they dont (or basically he challenges it with manager)... then we all have to absorb part of a walk.!!!!...

so it sounds to me the union is saying "tuff s**t". if you dont do these hrs then i will have to absorb and i aint having that!!.

whats your views?

[fishtank]

whats your views?

Bypass the tosser and contact your Area Rep...and get a new rep.

[matt3c]

hi nice to see this thread, im on a 22.5 hour contract but for last 3 years been doing 50+hours without fail. 3 weeks ago they said no coming in before our start time which has cost me between 10-18 hours pay, but they still want us to work past our time if the walk we are on on the day we come in is not fully prepped will take longer than 4.30 hours etc.. i disagree with this and want to cut off but am still getting pressured from new management to take it all out, basically bullied into doing it. my contract time is 10-2.30 so what time should my break be taken? and also any other information on how to cope with the pressure/bullying i am and a few other part timers are recieveing, thank you very much in advance

[Sixty]

If you are a full timer can you be forced to take your 40 minute break in two 20 minute segments to suit managers?

[fishtank]

If you are a full timer can you be forced to take your 40 minute break in two 20 minute segments to suit managers?

There would have to be a very good reason to single someone out for this kind of treatment so individually...no.

As an office it is possible that a revision can plan duties around two split breaks,one before delivery and one during delivery but as with all revisions the members would choose whether to accept it or not.

[Sixty]

Thanks

I'll elaborate,

I am on a hybrid duty and take 40 minutes between my walk and collection.

My DOM told me that he could make me take 20 minutes and the other 20 would be taken during my collection if he considered there was time.

There is, but surely you can't be MADE to take a break in your van?

[fishtank]

I take it when the hybrid was made up the 40min break was scheduled between delivery and collection.
Tell your manager you will listen to his views but any changes will be by agreement or not at all.
And speak to your rep.