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Postmanjack
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Can somebody answer me this I've been told that I have to take my break before I leave building ? Even though I would have been in a hour are they allowed to do this because manger seems to think yes
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TrueBlueTerrier
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slinder123 wrote:no
Actually, it's not quite as simple as that. If expected to work over 6 hours then a statutory break of 20 minutes should be taken somewhere in the middle of the working day. Also, the break should be taken away from the workstation.
However, managers are allowed to instruct someone when to take a break as long as the above criteria are met.
If not expected to work for 6 hours then there is no entitlement to a statutory break so there are no regulations that state this or that, however, an argument could be made that you should be treated the same as other workers in regards to when you to take your break.
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Postmanjack
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so what if halfway through my shift I want to go to a cafe and take my 40min break they can't stop me it's the law surely
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TrueBlueTerrier
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Postmanjack wrote:so what if halfway through my shift I want to go to a cafe and take my 40min break they can't stop me it's the law surely
Again it's not as cut and dried as you may want it to be.
Travelling to the Cafe will form part of your break, but yes you can have a 40-minute break in the Cafe if you want, as long you haven't been instructed legally to take your break earlier.
I'll say it again. They CAN tell you when to take your break, either 20 or 40 minutes, as long as it follows the rules. They can't tell you to take it at your workstation.
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.
Unless a worker’s employment contract says so, they don’t have the right to:
take smoking breaks
get paid for rest breaks
All post by me in Green are Admin Posts.
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