Work - Break entitlement Q

trojan698 · 10 Mar 2007 at 17:42

Just wondered what the legal position was involving break entitlement? Am I correct in thinking that you're only entitled to a break if your shift is over 5 hours long? Would my employers be legally obliged to pay me for my break?

TIA.

SideWinder · 10 Mar 2007 at 17:44

I think it's 15 minutes for a 5 hour shift and certainly at my work place, if you work over 4 hours, you are entitled to a break.

Rotty · 10 Mar 2007 at 17:45

they do not have to pay you

trojan698 · 10 Mar 2007 at 17:55

Rotty said:
they do not have to pay you

I had a feeling that might be the case..

@side, is it for a shift of 5 hours or more, or just for a shift over 5 hours?

Just had a run in with the boss, she took a huff and sent me home early because I took a break during my 5 hour shift despite my supervisor telling me to take it. :rolleyes:

SideWinder · 10 Mar 2007 at 18:00

trojan698 said:
@side, is it for a shift of 5 hours or more, or just for a shift over 5 hours?

Just had a run in with the boss, she took a huff and sent me home early because I took a break during my 5 hour shift despite my supervisor telling me to take it.

Shift of 5 hours or more. May be 4 hours but i think it does depend on what work you're actually doing. I work at Tesco and these are the guidelines. So today, I worked a 9 hour shift and i was entitled to 1 hour unpaid break for my lunch and x2 15 minute breaks.

Can't remember the exact breaks entitled for different hours of shifts but i do know you're entitled for certain for a 5 hour shift or more.

If i'm making any sense...pft, i'm tired and i have a headache.

Jest3r · 10 Mar 2007 at 18:01

http://www.worksmart.org.uk/rights/viewsubsection.php?sun=59

however, that part from the tuc is also supplemented by things such as the visual display screen regs, if you are in a call centre for example....

trojan698 · 10 Mar 2007 at 18:19

Ah well, thanks for that.

Looks like I've been sacked anyway! Bloody bar work, no rights at all.

SideWinder · 10 Mar 2007 at 18:20

trojan698 said:
Looks like I've been sacked anyway! Bloody bar work, no rights at all.

But your supervisor did tell you to take a break? Worth fighting for.

trojan698 · 10 Mar 2007 at 18:22

I haven't signed a contract yet though (only been there for 2 months), do I still have rights?

tom_e · 10 Mar 2007 at 18:25

trojan698 said:
I haven't signed a contract yet though (only been there for 2 months), do I still have rights?

not really they can show you the door for pretty much whatever they like

trojan698 · 10 Mar 2007 at 18:31

That's what I thought, oh well.

darreny · 10 Mar 2007 at 19:00

blitz2163 said:
not really they can show you the door for pretty much whatever they like

would depend if the reason he was sacked was because of the break, after all he was told to by his immediate superior, there would be a case for that

Angus-Higgins · 10 Mar 2007 at 20:17

I thought that if someone works over a 6 hour day they are entitled to a break. Or at least this is what we have been doing in my Applied Business Class.

The teacher cited the Working Time Regulations 1998.

Angus Higgins

Jest3r · 12 Mar 2007 at 01:23

blitz2163 said:
not really they can show you the door for pretty much whatever they like

nope nope and nope.....

once taken on, an employee is supposed to be presented with terms of work, ie a contract, failure to do so on management part is their failure, this terms of work should stipulate hours worked, dress code, wage, sickness etc, if you want to complain, you can, but i'd go to CAB mate, i'm assuming from your statement that the supervisor told you to go on break whereas the asst mgr disagreed, that the pub is a decent size/chain type venue, in which case, they definately should have induction packs of sorts....

also makes a diff if paid cash in hand or on books...

Cupra · 12 Mar 2007 at 01:27

if the break is less than 20 mins they are NOT allowed to take it off your wages.

if u work in a cold store u have to have a break every 2 hours (i loved that job)

Angilion · 12 Mar 2007 at 07:09

trojan698 said:
Just wondered what the legal position was involving break entitlement? Am I correct in thinking that you're only entitled to a break if your shift is over 5 hours long? Would my employers be legally obliged to pay me for my break?

TIA.

A recent letter about staff break policy from my employer (to all staff - they changed the policy) states a legal minimum of a 20 minute break if a shift lasts 6 hours or more, but they don't have to pay you for it.

My employer is more generous (because they think it increases the company's profits by increasing staff efficiency) and gives 15 minutes on a 3 to 6 hour shift and 30 minutes on a shift 6 hours or more, and pays staff during those breaks.