Job training = a break during an 8 hour shift?

Dano · 1 Aug 2011 at 16:50

Ok, I've been trying to ascertain something about rest breaks at work and can't seem to locate anything specific.

The situation is this:

Employees work 8 hour shifts with a paid 30 minute break, employer has training that needs to be completed by all staff and have decided that all staff must complete this training during their breaks.

Now as far as I can tell, staff are legally entitled to a 20 minute uninterrupted break during an 8 hour shift.

Would I be correct in saying that work training does not constitute a break and as such they cannot force staff to complete this training during a break as it would no longer be a break or am I barking up the wrong tree?

Greebo · 1 Aug 2011 at 16:54

Training is work so yes, they cannot force you.

However, they can ask and in the current climate, job shortage, etc saying no may not get you into their good books and may count against promotion, pay rises or if you are still on probation, a job at the end of it.

Of course, if they ar enough of you and you all agree to to stand your ground..........in practice, last time I saw this at my work, 8 people all said they would back it but when it came down to it only 1 did and the other 7 said it was all fine and they didn't have a problem doing it.

Dano · 1 Aug 2011 at 16:57

To be honest, it's the fact that they are pretty much bullying all the younger staff with it that has me annoyed, just wanted to try and get some clarity on the actual legalities of it were likely to be without having to resort to CAB.

Also, they're not asking, they're demanding.

Prophet · 1 Aug 2011 at 17:00

During your break you can do whatever you want as it's off the clock.

Tyrone77 · 1 Aug 2011 at 17:01

I really do hope you dispute it and not fall into the trap of thinking "oh but the current climate means I should"

The more people act this way, the more it becomes the norm.

If you're good at what you do, then you have nothing to worry about when disputing this type of thing. It's very hard and expensive to employ good people and there's nothing wrong with proving that you not prepared to be worked like that.

If it's a one off, and it's really good training that is useful to your career then this might be a different story.

Dano · 1 Aug 2011 at 17:01

Orange Peel said:
During your break you can do whatever you want as it's off the clock.

It's not, that is where the confusion comes in, 8 hour shift with a paid 30 minute break.

Tyrone77 · 1 Aug 2011 at 17:05

I assume that in the contract is states that it's a paid 30min break (not paid 30 work on top of your current work...)

You have to have a break, it's the law.

ReAPeR101 · 1 Aug 2011 at 17:17

You are entitled to a break. Its LAW work time regulations HSE.

A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours

They cannot force any employee to take part in any work time activities during your break time. They can potentially change the time of the break.

Dano · 1 Aug 2011 at 17:17

Nope, it's a break within the 8 hour shift.

Dano · 1 Aug 2011 at 17:18

ReAPeR101 said:
You are entitled to a break. Its LAW work time regulations HSE.

A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours

They cannot force any employee to take part in any work time activities during your break time. They can potentially change the time of the break.

Yup, that's the conclusion I came to, just wanted some confirmation that I was reading it correctly.

Prophet · 1 Aug 2011 at 17:36

Dano said:
It's not, that is where the confusion comes in, 8 hour shift with a paid 30 minute break.

My brother works 12 hours with a paid break as it's easier for his employer to work out the hours. Still doesn't mean he's not legally entitles to do what he wants during that break.

I get an unpaid lunch hour and two 15 minute paid breaks where I can do what I want. It also states that in my contract.