enforcement lapsed meal breaks

[hans solo]

here we go again mngmt and meal breaks
scenario partner is part time im full time
partner does not take any meal relief at all takes it off duty time at end of shift or as overtime at end of duty
full time staff must take break before delivery commences fair enough so i take my 20 min in office.
now everyone has to return to office with the introduction of collections on delivery.
on return to office if we have time we may be asked to work our time again fair enough .
i then asked i would like to take my full 40 mins before delivery.
dom instructed this cant be done as my partner does not take break i would need to take my break at end of duty
i would need to comply with my partners non meal breaks therefore denying me full break
is dom acting illegally
i thought it was the other way round
nb. we have had numerous strokes and heart problems with people not taking any breaks at all especially ft staff

[spiderj]

Read the working time directive,then email health and safety exec.
Also consider just say it or the in touch one.

On a five hour shift you ain't covered by working time.

However on a full time shift,you definetly are.

Put it in a grievance that you don't wish to take your break at the end and see what your Dom says then.

[IcanthelpthewayIam]

What dom is asking you to do is not illegal or breaking working time directive.

However if you don't want to take your 2nd break at the end then you need to tell the dom to tell you exactly when he wants you to take it. If he says at the end of your shift and your not happy then you need to lodge a grievance over it. I would ask your office rep to help you do this

[worktotime]

why not just load the van and take 20 mins then the other 20 mins halfway round , and if the dim doesn't like that ask him to put it in writing telling you why ?

[SpacePhoenix]

What dom is asking you to do is not illegal or breaking working time directive.

Looks like it might well be illegal

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.

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

[IcanthelpthewayIam]

What dom is asking you to do is not illegal or breaking working time directive.

Looks like it might well be illegal

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.

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

Read the op.

Clearly states he is getting his first 20 min break within duty time. This working time directive is being complied with. This question is in regards to his 2nd break which unfortunately the law and the working time directive have nothing to do with

[spiderj]

It raised the matter of a split break though,if a break is interuppted it re sets the clock on the break.so you could argue the split break is no break at all.

[IcanthelpthewayIam]

It raised the matter of a split break though,if a break is interuppted it re sets the clock on the break.so you could argue the split break is no break at all.

no it doesnt. break he is getting is longer than 20 minutes thus the working time directive etc doesnt come into play

[bogstandard]

why not just take your break and force the matter through the IR framework from you local rep to area onto div level or maybe HQ and inbetween donuts, coffee breaks, fag breaks, p*ss breaks and m/r but hpopefully before POETS day they could decide.
Stick to your guns hans, your request for a full break is not unrealistic.
best of luck

[spiderj]

It raised the matter of a split break though,if a break is interuppted it re sets the clock on the break.so you could argue the split break is no break at all.

no it doesnt. break he is getting is longer than 20 minutes thus the working time directive etc doesnt come into play

He is only getting 20 minutes,he is due 40

[spiderj]

It raised the matter of a split break though,if a break is interuppted it re sets the clock on the break.so you could argue the split break is no break at all.

no it doesnt. break he is getting is longer than 20 minutes thus the working time directive etc doesnt come into play

He is only getting 20 minutes,he is due 40

Stand corrected,stage one and kick it to area if local rep can't deal.

To be fair I can see RM doing away with the 40 mins on a national level.

Me personally,in my case I have to watch my "stress levels"as well as blood sugar etc and oh assist advised I take a break when necessary.so I do

I would also question whether your driver is sufficiently alert due to not taking a break.

What are their start time and average finish?
Do they drive bigger than CDV as other regulations may apply?

[hans solo]

THINK WE WILL JUST PHONE HSE and see what they have to say
wouldnt like to drop on duty not having full break entitlements
i would think corporate manslaughter would come into it
the wifey has been informed
and as for having a break in the van they would need steam cleansed every day
rem we used to get our full breaks pre sdd
or maybe i will just rip the pish out of return to office turn 20min into 40 then i will get about an hour
more than one way to skin a cat as they say

[motherhubbard]

THINK WE WILL JUST PHONE HSE and see what they have to say
wouldnt like to drop on duty not having full break entitlements
i would think corporate manslaughter would come into it
the wifey has been informed
and as for having a break in the van they would need steam cleansed every day
rem we used to get our full breaks pre sdd
or maybe i will just rip the pish out of return to office turn 20min into 40 then i will get about an hour
more than one way to skin a cat as they say

Corporate manslaughter? What are you on about?
You get 20 minutes before departure - legal requirement covered.
The other 20 minutes is down to local agreement.
It appears from your first post the agreement in your office is to take that at the end.
You can't decide to do something different.

[hans solo]

i can if its legal requirement overules local agreements
do you honestly think in any other walk of life you would take a break at the end of your working day
get a grip its called finish and home
ask your managers when they take a break
waken up and smell the coffee

[IcanthelpthewayIam]

THINK WE WILL JUST PHONE HSE and see what they have to say
wouldnt like to drop on duty not having full break entitlements
i would think corporate manslaughter would come into it
the wifey has been informed
and as for having a break in the van they would need steam cleansed every day
rem we used to get our full breaks pre sdd
or maybe i will just rip the pish out of return to office turn 20min into 40 then i will get about an hour
more than one way to skin a cat as they say

Corporate manslaughter? What are you on about?
You get 20 minutes before departure - legal requirement covered.
The other 20 minutes is down to local agreement.
It appears from your first post the agreement in your office is to take that at the end.
You can't decide to do something different.

Actually he can decide that he wants to do something different and there are processes for him to follow if he wants to go down that route, in this circumstance it would be raising a grievance with the dom about the timing of his meal break and then following that through the stages