Rest/Break

PEARH60 · Post by **PEARH60** » 28 Nov 2018, 18:33

Manager insisting we take part of our rest/break in first Hour of duty,
I was under the impression this is not legal and we don't want to take a break in the first hour.

jd9442 · Post by **jd9442** » 28 Nov 2018, 18:48

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)

https://www.gov.uk/rest-breaks-work/taking-breaks" onclick="window.open(this.href);return false;

The Postman · Post by **The Postman** » 28 Nov 2018, 19:14

PEARH60 wrote:Manager insisting we take part of our rest/break in first Hour of duty,
I was under the impression this is not legal and we don't want to take a break in the first hour.

It depends, your only legally entitled to a contractual rest break of 20 minutes if you work 6 hours or more in a day. This part of your break can’t be taken at the start or end of your shift. Anything more than that you can be told when to take it.

PEARH60 · Post by **PEARH60** » 28 Nov 2018, 19:18

This is where I require clarification,
I have quoted start of the day being the first hour, Manager insisting take 10/15 min after half an hour.
Can i decline this ? and insist a minium of 1 hour at least.

Celgar · Post by **Celgar** » 28 Nov 2018, 19:32

PEARH60 wrote:This is where I require clarification,
I have quoted start of the day being the first hour, Manager insisting take 10/15 min after half an hour.
Can i decline this ? and insist a minium of 1 hour at least.

If you are on full time you are given two breaks of twenty minutes each. The second twenty minutes is generally taken after you have finished your actual delivery and returned to the DO. We get quite a few cover DOMs who like to quote the rulebook verbatim . They usually take the line that the first twenty minute break should be taken after you have loaded up the van but before we start delivery. In some DOs the union rep enforce taking the first break then so as far as I know that is the standard. Having said that every office is run differently in many aspects as we all know.

houseoflords · Post by **houseoflords** » 28 Nov 2018, 23:40

Most in my office don't even take or want a break, fools!

Postie45 · Post by **Postie45** » 29 Nov 2018, 06:08

IMO forcing a break in the first hour worked falls under "the beginning" of the day, but there is no "clarification" the law as written is open to interpretation.
Id suggest speaking to your union rep who could argue against this under your behalf.
If a DOM started stuff like this its time to start fully doing your job properly.

Dorset Plodder · Post by **Dorset Plodder** » 01 Dec 2018, 20:33

PEARH60 wrote:Manager insisting we take part of our rest/break in first Hour of duty,
I was under the impression this is not legal and we don't want to take a break in the first hour.

What is your DOMs reason for insisting on this, any idea? As mentioned every DO is different. I worked in one where EVERYONE stopped at 0800 for a 20 min Break, the "Runners" in my DO would have a Fit if that was introduced..... they grizzle enough if they have WTLL.

Most DOMs like to ignore ANYTHING that adds to their Office Budget, Like Meal Relief & WTLL sessions. Could you imagine how much in extra wages it would cost RM if every single Postie actually took 20 mins Meal Relief Indoors?

I'd take the view that at least your DOM is having to pay you for this Indoor Break, and you can can still take the remainder out on Delivery.

Post by **rogersh** » 01 Dec 2018, 21:08

The Way Forward Agreement;

Breaks at the beginning or end of attendance

Where an attendance is provided with more than one break, the second break may be scheduled at the beginning or end, in which case attendance is not required solely for booking on or off. A single break should not be scheduled at the beginning or end of the attendance.