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DAVID HEWITT
Member - 5 posts
This is exactly what I mean by 'sloppy shorthand' - particularly from DBERR (ex-DTI). It doesn't say anywhere in the WTR that an adult has to take a break after/within 6 hours' work - just that a (one) 20 minute rest break has to be allowed where the working day exceeds 6 hours. The break is only an 'in work' break by inference - it self-evident that it must be taken during (not at the beginning or the end) of the working day otherwise, by definition, it wouldn't 'break' the day, but even that isn't specifically stated in the Regs.
I think some readers are trying to interpret the rest and breaks sections of the WTR as if they are a parallel replacement for previous legislation, such as Section 86(c) of the 1961 Factories Act (which set down a maximum number of working hours after which women and young persons had to be given a break) but they shouldn't be interpreted this way.
The wording of the WTR regarding the rest break is unambiguous and does not need 'interpreting' to give it efficacy. Look at the ACAS website - they give the correct answer - "a 20 minute rest break if your working day is longer than 6 hours".
If you want a further example of 'sloppy shorthand' from DBERR, look at their guidance on discrimination - it all states that discrimination on the ground of 'marital status' is unlawful. Where's that come from? I can't find it!
Section 3 of the Sex Discrimination Act 1975 (Discrimination against married persons in employment) only states that "...a person discriminates against a married person...on the ground of his or her marital status if..." The 'marital status' referred to is plainly 'married', and there is no sex discrimination legislation prohibiting discrimination against single people, even though 'single' is also a marital status.
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DAVID HEWITT
Member - 5 posts
Jayn - so which 'the 6 hours' out of the 13 permissible hours are the Regulations referring to and, as a matter of law (and not the DBERR 'sloppy shorthand' guidance), which regulation over-rides or limits the application of Reg. 12(1)? Martin's later reference to a '20 minute break every six hours' doesn't appear anywhere in the regulations as far as I can see.
Noel - I agree entirely - it would be foolish (and probably a breach of the H&S duty of care) to expect employees to work a 13 hour shift with only one 20 minute break. However, the original question was "What is the maximum length of time for a single period of continuous work?" , and I still maintain that the answer is 12 hours 39 minutes!
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DAVID HEWITT
Member - 5 posts
This isn't true - Reg. 12(1) just states that 'Where a worker's daily working time is more that six hours, he is entitled to a rest break". For adults, the break is 20 minutes, but it doesn't satate anywhere that the break has to be taken within the six hours - it just becomes an entitlement if the working day is longer than six hours. The entitlement is only to "a" rest break, so even if an adult works the maximum 13 hours, there is only one entitlement to 20 minutes break. It is generally accepted that the rest break has to be taken within the daily working time, so I suppose, in theory, an adult could work for 12h 39m, have a 20 minute rest break and then finish the day by going back to work for one minute!
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DAVID HEWITT
Member - 5 posts
On my reading of SI 787/2007(W.68) - The Smoke-free Premises, etc. (Wales) Regulations 2007 - regulation 4(3)(b) excludes private vehicles, so assuming that the vehicle is owned by Mr Williams and not his business, the regulations do not apply.
Even if the vehicle is not a private vehicle and is also classed as a vehicle used for 'work purposes', regulation 4(1)(b) states that a vehicle shall only be smoke-free if it is used "for work purposes by more than one person". Assuming that Mrs Williams's use of the vehicle (which she has admitted) is only for private purposes, then the vehicle does not have to be smoke-free.
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DAVID HEWITT
Member - 5 posts
What Mr Barber appears to have overlooked is that S14 of the Work and Families Act 2007 gives this 'inflation-busting' power to the Secretary of State, not the Chancellor, and that the uprating formula is set in Statute (the previous September's increase in the RPI, rounded UP to the nearest £10) and cannot therefore be amended by the Chancellor to link it to earnings.
In addition, he fails to recognise that the original £40 carried with it a Government redundancy pay rebate of 40%, capping an employer's net liability at £24. If this £24 had been increased in line with prices, it would now stand at just over £300 instead of the current £330.
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