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breaks, overpaid.

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daveyeff
Posts: 4699
Joined: 12 Mar 2010, 19:38
Gender: Male

Re: breaks, overpaid.

Post by daveyeff »

they are the p/t lads on 25 to 30 hr contracts. my van partner is 30 hrs but he is also on 9 day fortnites. he normally comes in for 8.30 and is paid til 3. i,m not sure on his entire shift pattern cos i,m off on days when he,s in. and i havent asked him what his full shift times are, but according to the rep, its lads that are on 6.5 hrs a day or less that will be affected. cos they are only entitled to 30 mins a day. however, some of them are working well over their time taking them over 7.5 hrs a day which would give them the full entitlement of 40 mins. the dom is off for the rest of the week so he,s arranged a meeting for next monday for his clawback plans,,,should be interesting, cos some of the lads dont know yet. but dont worry, i will most definately keep you,s updated. strangely enough, my van mate is due to finish 5 mins before me, and he,s the driver!!
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: breaks, overpaid.

Post by IcanthelpthewayIam »

daveyeff wrote:they are the p/t lads on 25 to 30 hr contracts. my van partner is 30 hrs but he is also on 9 day fortnites. he normally comes in for 8.30 and is paid til 3. i,m not sure on his entire shift pattern cos i,m off on days when he,s in. and i havent asked him what his full shift times are, but according to the rep, its lads that are on 6.5 hrs a day or less that will be affected. cos they are only entitled to 30 mins a day. however, some of them are working well over their time taking them over 7.5 hrs a day which would give them the full entitlement of 40 mins. the dom is off for the rest of the week so he,s arranged a meeting for next monday for his clawback plans,,,should be interesting, cos some of the lads dont know yet. but dont worry, i will most definately keep you,s updated. strangely enough, my van mate is due to finish 5 mins before me, and he,s the driver!!
Right then you got an issue there with the breaks, as you MUST have a 20 minute continous break in the middle of you shift if you working more than 6 hours, cant be split or at start or end of shift by law, so that means the break pattern is illegal so he has bigger problems to sort out before he tries to get back the time owed

http://www.hse.gov.uk/contact/faqs/workingtime.htm" onclick="window.open(this.href);return false;

Rest breaks at work

A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day
daveyeff
Posts: 4699
Joined: 12 Mar 2010, 19:38
Gender: Male

Re: breaks, overpaid.

Post by daveyeff »

does it not come down to local agreement though, i know that shithoose will try that one, cos its been locally agreed that its 20/20 for full time and 15/15 for part time. hope you are right.
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: breaks, overpaid.

Post by IcanthelpthewayIam »

daveyeff wrote:does it not come down to local agreement though, i know that shithoose will try that one, cos its been locally agreed that its 20/20 for full time and 15/15 for part time. hope you are right.
nope not for working time regulations, must have a continous 20 minute break by law, the rest is open for local agreement but not that part
Brainache
Posts: 394
Joined: 30 Jul 2010, 21:37
Gender: Male

Re: breaks, overpaid.

Post by Brainache »

Isnt the main problem that the manager gave all the part timers 40 mins by mistake (his mistake).
Before discussing it I would ask him for every date, actual start/finish times, time every m/r was taken and for how long, which days had attendance over 7 hours, for every single part timer for the last year. If he cant give you all this info he cant make up an amount they `owe`- not that they do owe anything.