TrueBlueTerrier wrote:Chewster wrote:In our office we add breaks we don't take onto our hours at the end of the day (as advised by workplace coaches and even doms). So if a full timer finishes 20 minutes before their time, they'll put in a docket for 20 minutes. We definitely don't have too many staff, we've got 4 vacancies right now. You're right though, most of them are coming in AT LEAST half an hour early, which of course they don't get paid for. Still, for a lot of them that still equates to them getting paid for more than they've done. But yes, our office is in a total state, can't disagree with that
Then your DOM and WPCs are effectively breaking H&S statutes, and could face prosecution under such if an investigation identifies fatigue was a factor. Its remotely possible if someone dies as a result that they could face Corporate Manslaughter charges.
FTimers can take 20 minutes at the end, but they can't take 40 minutes. Part timers who are expected to work more than 6 hours in a day also can't take their 30 minutes at the end, though they might get away with 10 minutes at the end, but that isn't a recognised break pattern
Gov rules@
https://www.gov.uk/rest-breaks-work/overview" onclick="window.open(this.href);return false;
Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day.
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.
Unless a worker’s employment contract says so, they don’t have the right to:
take smoking breaks
get paid for rest breaks
Our Breaks:

TBT - can I offer a different viewpoint?
The Working Time Regulations 1998 (Statute)
http://www.legislation.gov.uk/uksi/1998 ... on/12/made states that
workers +6 hrs are entitled to a break of not less than 20 mins - doesn't state when those 20 minutes should be taken.
The gov.uk website you refer to - it is not clear whether it is stating law or guidance. Apologies if I'm being semantic - this information can also be interpreted
two ways, firstly as you have stated or it could also be intrepreted as if the break is not taken 'in one go in the middle of the day' then the employer does not necessarily have the 'right' to state when that break is taken. To my mind it doesn't say 'breaks must not be taken at the beginning or end of the day'.
HSE website says break '
should not be taken either at the start, or at the end, of a working day.' note '
should' not '
must'.
Also on the next page of the .gov.uk website you mention, at 'Compensatory Rest' it states 'A worker may be entitled to compensatory rest if:
........they’re working in an industry which is very busy at certain times of the year – like agriculture, retail,
postal services or tourism
and
......they work in different places which are a reasonable distance from each other (postie on a rural route?)
Also the break pattern referred to (which I believe comes from the 'Way Forward Agreement') states the
probable pattern (not set in stone?)
and also states 'The actual pattern of the breaks within these rules will be agreed locally'.
IMHO if agreed locally, breaks can be taken 'at the end'. The semantics of 'should' and 'must' and interpretations of 'law', 'guidance' and workplace agreements
does not help to provide a definitive answer....this discussion could go on......
http://www.royalmailchat.co.uk/communit ... =1&t=73715
YB