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Anyone know about breaks at work?
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By (user no longer on site) OP
over a year ago
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I’ve looked on the government website and says anything over 6 hours you are entitled to a 20 min break (could be paid or unpaid depending on your contract). Our deputy manager told us today if we work over 4 hour we get a half hour break unpaid, anything over 6 or more an hour unpaid.
We recently changed our pay structure, we used to get paid breaks and have a weekend enhancement but they recently upped the wages but stopped us on the breaks and the weekend enhancement, apparently we wasn’t meant to see much of a difference but some people are down quite a lot of money this month.
I do a 36 hours and by what I’ve been told I am entitled to an hours break (yeah ok!)! So does it mean to compensate for the five hours a week I’m losing in break (regardless if I take it) I have to work an additional 5 hours to make my 36 hours? We are all very very confused. The carers do a 6 hour shift and are getting stopped a half hour break, which they never take but aren’t doing any extra, it hasn’t really been explained to us properly lol.
Any help would be appreciated.
Thanks, geeky x |
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By *ikeC81Man
over a year ago
harrow |
I can only tell you from my perspective. I get a monthly salary. So I work a 35 hour week (1 hour for lunch).
However I can’t not take a lunch then go at 4pm.
I am unpaid for lunch therefore I make sure I leave the office for the whole hour. Stuff work I don’t get paid and won’t do it |
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By (user no longer on site) OP
over a year ago
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"How many hours do you now work each day? You are only entitled to a break after 6 hours work each day. If you only work for 5 hours each day, then you will never be entitled to a break."
Weekends I do 6 and weekdays I do anything from 7 and a half to 9
Hours x |
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By *appytochatMan
over a year ago
Deep in the New Forest |
Taken from Acas web page:
Overview
Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest.
Rest breaks at work
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.
The break doesn’t have to be paid - it depends on their employment contract.
Daily rest
Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day.
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By (user no longer on site)
over a year ago
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You are governed by the EU Working Time Directive.
This states that you cannot work more than 6 hour period without a mandatory 15 minutes break. If your WORKING time on duty is to be between 6 and 9 hours, you must have a minimum 30 minutes break, however this can be broken in to 2x15 minutes. If your WORKING time on duty is over 9 hours, you must have a minimum of 45 minutes break, again this may be broken up in to 15 minute chunks, still adhering to the 6 hours maximum period on duty.
It is down to the individual employer if they pay for the time on break, most do not.
This law covers almost every employee in every job, with the exception of professional drivers (bus/hgv/taxi etc) and certain other professionals (emergency responders, health care professionals, armed forces etc). |
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"How many hours do you now work each day? You are only entitled to a break after 6 hours work each day. If you only work for 5 hours each day, then you will never be entitled to a break.
Weekends I do 6 and weekdays I do anything from 7 and a half to 9
Hours x"
So you will not be entitled to a break at the weekend, because you at not working for more than 6 hours.
During the week, you will be entitled to a 20 minute break, as you work at least 7.5 and sometimes 9 hours.
The break should be approximately half way through the working day if possible.
You said that your employer changed your contract. I assume that you were consulted about that, and that you agree to it? |
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By (user no longer on site) OP
over a year ago
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"How many hours do you now work each day? You are only entitled to a break after 6 hours work each day. If you only work for 5 hours each day, then you will never be entitled to a break.
Weekends I do 6 and weekdays I do anything from 7 and a half to 9
Hours x
So you will not be entitled to a break at the weekend, because you at not working for more than 6 hours.
During the week, you will be entitled to a 20 minute break, as you work at least 7.5 and sometimes 9 hours.
The break should be approximately half way through the working day if possible.
You said that your employer changed your contract. I assume that you were consulted about that, and that you agree to it?"
We had a letter the week before it came in, we wasn’t consulted as such as I have been before, I’ve always had a memo saying ‘this is what we propose to do’ not just a letter saying this is what is happening, please sign it. Which I did sign, the letter said our hourly wage would increase but breaks and weekend enhancement would cease and the new pay would ‘make up for it’. We’ve never had a clear ‘this is what your breaks are’ even in the handbook (if it did state it I didn’t take any notice at the time as when I started there I was only on 6 hours a day, so breaks didn’t apply to me) but now I’m being told as I do over 7 hours or whatever it is I am entitled to an hours break unpaid (I can understand the carers who do 12 hour shifts getting this, I think an hours break for 7 hour day is a bit excessive lol).
Thanks for the help so far everyone x |
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OP it all depends what is written in your contract. People have quoted the minimum break entitlement but some employers will give you more breaks than required.
If they are trying to change the duration of your breaks and whether or not they are paid they are making a substantial change to your contract and cannot just impose this on you. Substantial changes to your contract have to be agreed by both parties.
My employer are currently making changes to our contracts and we are undergoing a full consultation process similar to what happens when they want to make redundancies. The new contract will come into force in September and we have to decide if we are willing to accept it. If we decide not to accept we will be given notice as per the terms in our current contract.
If you are in a trade union please contact them ASAP for advice, failing this please speak to acas to see where you stand. |
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By *icketysplitsWoman
over a year ago
Way over Yonder, that's where I'm bound |
"How many hours do you now work each day? You are only entitled to a break after 6 hours work each day. If you only work for 5 hours each day, then you will never be entitled to a break.
Weekends I do 6 and weekdays I do anything from 7 and a half to 9
Hours x
So you will not be entitled to a break at the weekend, because you at not working for more than 6 hours.
During the week, you will be entitled to a 20 minute break, as you work at least 7.5 and sometimes 9 hours.
The break should be approximately half way through the working day if possible.
You said that your employer changed your contract. I assume that you were consulted about that, and that you agree to it?
We had a letter the week before it came in, we wasn’t consulted as such as I have been before, I’ve always had a memo saying ‘this is what we propose to do’ not just a letter saying this is what is happening, please sign it. Which I did sign, the letter said our hourly wage would increase but breaks and weekend enhancement would cease and the new pay would ‘make up for it’. We’ve never had a clear ‘this is what your breaks are’ even in the handbook (if it did state it I didn’t take any notice at the time as when I started there I was only on 6 hours a day, so breaks didn’t apply to me) but now I’m being told as I do over 7 hours or whatever it is I am entitled to an hours break unpaid (I can understand the carers who do 12 hour shifts getting this, I think an hours break for 7 hour day is a bit excessive lol).
Thanks for the help so far everyone x"
That memo and any discussions will have been the consultation. The 'enhancement' is their justification for changing the paid status of breaks. It was up to you, individually and together, to ask and understand what they really means. Most employers do not pay for breaks.
If this is the first pay packet after the changes then you could all try and collectively challenge the decision. Provide evidence that you are made worse off, that breaks are not being applied consistently and that you want to see how they have calculated that the enhancement would cover the lost payment for breaks. Basically, you have to kick up a bit of a stink now. Not just to your immediate line manager but to the most senior level.
You have to take the break after 6 hours - they will still have to stop payment as if a break had been taken as the law is clear that you have at least 20 minutes after 6 hours of consecutive work. You could agree with your manager to leave 20 minutes earlier. |
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By (user no longer on site) OP
over a year ago
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"So your employer wants you to take an hour's break?"
Yes. I don’t know where the deputy manager got these figures from, according to him he is saying if you work 4 hours or more you get a half hour break (unpaid) which means the lady I work along side who only does 5 hours, in effect will only do four and a half hours work unless she does 5 and half hours to compensate (which she can’t do as she has children).
My hourly rate went up by £1.50 so I shouldn’t technically be worse off or any better off but everyone’s pay packet was a bit short this month and lots of rumours flying about.
I think I might email or phone hr and see if they can clarify the situation to me, as nothing seems clear cut.
Thanks for all your help x |
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