Working day breaks
Discussion
Gents can anyone clarify a disagreement I'm currently having with a colleague?
I'm aware workers have the right to one 20 minute rest break if they work over 6 hrs a day. Do they have to take the break period? To me, "having the right" doesn't make it mandatory.
One of our employees doesn't want the rest break and wants to continue to work solidly through thereby fulfilling his weekly hours and finishing a little earlier on the Friday (4 x 8hrs and 3 hrs on the Fri). Personally, I have no issue with it however my colleague wants to 'make' the employee subtract the 20 minutes each of the 4 days thereby making him stay later than he wants to on the Friday
That make sense?
I'm aware workers have the right to one 20 minute rest break if they work over 6 hrs a day. Do they have to take the break period? To me, "having the right" doesn't make it mandatory.
One of our employees doesn't want the rest break and wants to continue to work solidly through thereby fulfilling his weekly hours and finishing a little earlier on the Friday (4 x 8hrs and 3 hrs on the Fri). Personally, I have no issue with it however my colleague wants to 'make' the employee subtract the 20 minutes each of the 4 days thereby making him stay later than he wants to on the Friday
That make sense?
We had a similar case in the not too distance past and we got some legal advice on it. Short answer is no, what your colleague is trying to do is not permissible.
Employers have a duty of care to ensure workers are provided with and take breaks (there are some exemptions for certain jobs); it’s a big HSE concern. Break should be over the middle of the shift, not taken at the beginning or end. Employees have reciprocal duty to take said break(s). On that basis, they should take the break within the shift, not at the end of it.
ETA Gov.uk link
Employers have a duty of care to ensure workers are provided with and take breaks (there are some exemptions for certain jobs); it’s a big HSE concern. Break should be over the middle of the shift, not taken at the beginning or end. Employees have reciprocal duty to take said break(s). On that basis, they should take the break within the shift, not at the end of it.
ETA Gov.uk link
^thats the sad reality, unfortunately for every employee who's motivated to work through there's an employer keen to circumvent any such laws with threats and underhand tactics.
When the European working time directive came in my employer at the time gave us the kindly decision to a) opt out of it or b) sign consent to understand they would oblige by it by averaging requested weekly hours over 13 week periods. Still, it's not like we didn't have a choice.
When the European working time directive came in my employer at the time gave us the kindly decision to a) opt out of it or b) sign consent to understand they would oblige by it by averaging requested weekly hours over 13 week periods. Still, it's not like we didn't have a choice.
Teddy Lop said:
^thats the sad reality, unfortunately for every employee who's motivated to work through there's an employer keen to circumvent any such laws with threats and underhand tactics.
When the European working time directive came in my employer at the time gave us the kindly decision to a) opt out of it or b) sign consent to understand they would oblige by it by averaging requested weekly hours over 13 week periods. Still, it's not like we didn't have a choice.
You need your breaks. You work better and more efficiently having had a cuppa or something to eat and then go back to work. Cramming your day doesn't work in general.When the European working time directive came in my employer at the time gave us the kindly decision to a) opt out of it or b) sign consent to understand they would oblige by it by averaging requested weekly hours over 13 week periods. Still, it's not like we didn't have a choice.
vulture1 said:
You need your breaks. You work better and more efficiently having had a cuppa or something to eat and then go back to work. Cramming your day doesn't work in general.
I'll always try and spend half an hour eating lunch then half an hour out for a stroll in fresh air. On the occasion when I can't stroll. I achieve less in the afternoon, despite spending half an hour extra doing it.
We had this discussion at work with HR and the legal team and you have to take your minimum breaks
We were working a bit flexibly and allowed people to flex their start/finish times and breaks. Not quite full flexitime, wasn’t a contractual right and people could carry hours into different weeks or anything like that but people could have a bit of flexibility
For example, one guy started 30mins early every day so he could leave early on a Friday. A few of us also started early every day but we did it to get an hour and a half lunch break
Another guy asked if he could start early, finish late and work through lunch every day to have Friday off. He was told he could reduce his break to the statutory minimum but no less
We were working a bit flexibly and allowed people to flex their start/finish times and breaks. Not quite full flexitime, wasn’t a contractual right and people could carry hours into different weeks or anything like that but people could have a bit of flexibility
For example, one guy started 30mins early every day so he could leave early on a Friday. A few of us also started early every day but we did it to get an hour and a half lunch break
Another guy asked if he could start early, finish late and work through lunch every day to have Friday off. He was told he could reduce his break to the statutory minimum but no less
Do people "working through their lunch" not have any lunch at all and literally work straight through, or do they still have sandwiches but stay at their desk rather than going to the canteen or out somewhere? IME the latter is a bit of a p-take if they're using it as an excuse to clock off early
Every employee ever wants to work through their breaks and finish early.
I have run this past my HR OH and I can't remember the wording but in short it doesn't work like that.
It's all caused by this nasty idea of breaks being unpaid.
If the average jobsworth employee was paid for his breaks, he'd take them.
I have run this past my HR OH and I can't remember the wording but in short it doesn't work like that.
It's all caused by this nasty idea of breaks being unpaid.
If the average jobsworth employee was paid for his breaks, he'd take them.
Countdown said:
Do people "working through their lunch" not have any lunch at all and literally work straight through, or do they still have sandwiches but stay at their desk rather than going to the canteen or out somewhere? IME the latter is a bit of a p-take if they're using it as an excuse to clock off early
I work through my lunch, I just eat at my desk, as do my colleagues. however if I need to pop out for a couple of hours or need to come in late one day or go home early then as long as it doesn't cause any staffing issues then it's fine to do so, take this Friday coming for example, we are going on holiday, I've asked if I can get out at 15:00 which is when the wife finishes, they are fine with it.TBH if I took an hour for lunch every day I don't know what I'd do, sit in the car maybe but I'd get bored, go for a walk, but it's not particularly a "going for a walk" area, sit in the "mess" room, no thanks as it's grim in there and I'd get bored.
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