Breaks query

Post by **petaQ** » 14 Oct 2020, 22:33

Was told tonight by a line manager (unsure whether union or not, but felt like it) that there is a legal obligation to take 30mins break in a 3hr shift. Can anyone confirm or deny this and point me to appropriate legislation, and confirm whether this is based on union agreements or law?

Post by **SpacePhoenix** » 15 Oct 2020, 06:55

petaQ wrote:Was told tonight by a line manager (unsure whether union or not, but felt like it) that there is a legal obligation to take 30mins break in a 3hr shift. Can anyone confirm or deny this and point me to appropriate legislation, and confirm whether this is based on union agreements or law?

It's only a 10mins break for a 3hr shift:

https://www.royalmailchat.co.uk/communi ... 36&t=22175" onclick="window.open(this.href);return false;

Grumpyoldmailman · Post by **Grumpyoldmailman** » 15 Oct 2020, 08:26

If you get the chance to take paid 30 min break in a 3 hour shift bite their hands off at the chance.

Post by **aiden01** » 15 Oct 2020, 08:47

petaQ wrote:Was told tonight by a line manager (unsure whether union or not, but felt like it) that there is a legal obligation to take 30mins break in a 3hr shift. Can anyone confirm or deny this and point me to appropriate legislation, and confirm whether this is based on union agreements or law?

Happy days 30min break for a 3hr shift

Post by **TrueBlueTerrier** » 15 Oct 2020, 09:11

petaQ wrote:Was told tonight by a line manager (unsure whether union or not, but felt like it) that there is a legal obligation to take 30mins break in a 3hr shift. Can anyone confirm or deny this and point me to appropriate legislation, and confirm whether this is based on union agreements or law?

No, your manager has misunderstood a variety of things.

Misunderstanding 1 - That you are entitled to a 30-minute break.
In fact its 10 minutes

Misunderstanding 2 - Legal obligation on you to take a break.
Incorrect. You have a contractual right to a break as described above, but there is no legal obligation (except for certain reasons) on you to actually take them.

Personally, I wouldn't recommend refusing a break.

Misunderstanding 3 - Statutory Breaks are applicable only if you are expected to work more than 6 hours

Workers have the right to one uninterrupted 20-minute rest break during their working day if they work more than 6 hours a day. This could be a tea or lunch break.

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

Misunderstanding 4 - The difference between statutory and contractual rights. Neither form of break obliges you to take the break (but please do), but it does impose certain obligations on the employer and how as an employee you proceed if they refuse you those rights.

Post by **petaQ** » 15 Oct 2020, 11:16

Thanks for that, exactly as I suspected re 6h/20 and no obligation. Certainly not going to thumb my nose at management, I'm new and I don't wanna make waves. I understand breaks are unpaid though I could be wrong. I'll look at the collective agreements that are part of my contract since that might explain it further.

Post by **Lockardian** » 20 Oct 2020, 12:09

Funny you should mention 30 minutes because a colleague who works for Angard (non AWR) has had 30 minutes deducted from 3 hour shifts as Angard reckon he should be taking a 30 minute break!! In practice the staff get 15 minutes at our Mail Centre.

Post by **rogersh** » 20 Oct 2020, 16:46

Mail Centres/RDC's differ.

Rmtv special 7th May 2018 Process Q&A.

Simon Barker, UK process operations Director, gave the following response to a question relating to meal relief and the SWW.
“In the way forward agreement, we have commitments of between five and seven hours, people get 30 minutes. Then between seven and eight hours 59 minutes they get 40 minute breaks and that will continue to be honoured.
Within the mail centres and RDCs we’ve Built in a relaxation allowance – its roughly 13 per cent but does change depending on the nature of the job…...”

A reply from Simon Barker's office stated;

“As you are aware I have sought assistance from our HR/People Team and they have advised that the relaxation allowance has always been built into the standard times measured to carry out indoor activity, generally at a level of around 11 – 13% depending on the activity being carried out i.e. lifting weight / standing etc ..."

Post by **freespeech** » 22 Oct 2020, 18:22

petaQ wrote:Was told tonight by a line manager (unsure whether union or not, but felt like it) that there is a legal obligation to take 30mins break in a 3hr shift. Can anyone confirm or deny this and point me to appropriate legislation, and confirm whether this is based on union agreements or law?

There is no LEGAL obligation for a break at all until you have worked OVER 6 hrs. This is then 30 minutes and doesn't have to be paid.

Post by **TrueBlueTerrier** » 23 Oct 2020, 09:15

freespeech wrote:
petaQ wrote:Was told tonight by a line manager (unsure whether union or not, but felt like it) that there is a legal obligation to take 30mins break in a 3hr shift. Can anyone confirm or deny this and point me to appropriate legislation, and confirm whether this is based on union agreements or law?
There is no LEGAL obligation for a break at all until you have worked OVER 6 hrs. This is then 30 minutes and doesn't have to be paid.

Just a slight correction. There is no obligation for the worker to take a break, but the business has to offer a statutory break if you are expected to work over 6 hours.

Woody Guthrie · Post by **Woody Guthrie** » 23 Oct 2020, 11:44

Just another slight correction.
A contractually agreed break is a legal obligation.