Employees Not Using Their Legal Allowance for Rest Breaks

ok so as we know your not entitled to a break until you work over 6 hours. How many employees work over their six hours even by a minute. They are then entitled to a break of 20 mins. Why are companies always trying to eke the last bit of blood off employees whereas if they provide 20 min break the employee will not be tired, hungry or thirsty. Also don't forget that in some cases they are legally bound to give breaks to those with diabetes etc. What an uncaring working society we are becoming. These regulations were meant to stop workhouse conditions but it seems some employers want them back again.

Provision for a 20 minute break is laid down in the working time regs for staff who are expected to work more than 6 hours at a stretch. the break should not be at the beginning or end of the working session. This means that up to 6 hours is not covered by the working time regs.

Chris, looking at your wife's case if her previous breaks were unpaid and she is now expected to work through them she is entitled to additonal pay.

If her breaks were paid and her employer now wants to remove the breaks after such a long period there is probably a good business reason for this - most employers despite the experience of some staff are not malicious. There could, owing to the long-standing agreement be an argument that the breaks constitute an implied contractual entitlement owing to custom and practice and this needs to be addressed.

If there is a business case for the change the employer should at least consult with the staff to explain why the need to remove the break - this may be done to increase productivity, avoid redundancies or to cover for a slimmmer workforce.

Custom and practice good regardless of minimums prescribed by legislation that was to prevent workhouse employers playing fast and loose with the occupational health of their employees there still needs to be a "Risk Assessment" of any activity that is either physically and/or emotional or mentally intense and therefore potentially injurious to the individuals health.

We are not just talking about normal periods of hard graft that maybe temporarily continuous work to meet specific deadlines but the ergonomics of sustainability of performance / productivity as well as the "predictable affects" on well-being.

Soo, with two periods of time off for work-related stress (fatigue) injury presenting or manifesting in life threatening episode of ill-health I shouldn't think they will not have much of a problem claiming constructive dismissal on the grounds of gross negligence in not making reasonable adjustments for a known disabled person carrying a work-related injury.

Perhaps someone needs to check out the "costs of death in service" as any fatigued organisms ultimate escape or adaptation to a debilitating stressor ?

Chris, Yes she has tried to resolve this locally. Th most annoying thing is that she has had this break for at least 14 years (doesn't this therefore make it an unwritten part of her contract of employment?) and the line manager's first task after her return from her second period of stress related leave (high blood pressure) was to remove this break. I understand that because of her hours that she isn't legally entitled but given above and that not to provide the break is detrimental to her health doesn't that mean they have to provide the break regardless of her working hours?

Hi Sean, I agree with Chris but I understand that if you are working 6 hours or more, you are entitled to 30 minutes of break. Either 30 minutes continueous or two 15 minutes.
I'm sure other HR practitioners will pick this up and respond as far as equal rights for part time workers etc.
Anoop

The other option is that she adds an extra 20 minutes to her working day and has a scheduled break say at 10.30am to "rest".

The entitlement to a 15 minute break for someone working for up to 6 hours does not exist under the EU Working Time Directive, so her employer is entitled to withdraw this but this should have been done in consultation with her. Employers have a responsibilty to make provision for the supply of fresh drinking water for their staff and to provide adequate toilet facilities. If your wife is expected to work for 6 hours without access to either then this is unreasonable.
Instead of going down the legal route, has your wife tried to address the issues of refreshement and toilet breaks with her employer? If her line manager is unsympathetic then she should consult with HR to see what 'reasonable adjustments' can be made to her current working conditions to facilitate this

My wife works exactly 6 hours a day for four days a week so she can care for our two disabled sons. Until recently for years she was given a 15 minute break during her day, but all of a sudden last year this just stopped happening. As there are no other staff in this front of house role and she can't get cover to have a drink or even go to the toilet, surely this is a health risk? Also being on her own runs a stress risk (she's been off twice this year for high blood pressure), not to mention a security risk.
Where can I find the regulations/legislation relating to any/all of the above? Can anyone help please?

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Welcome Wayne, yes but, no but, yes you see they, the twilight / night shift, may have been lucky over the last 15 : 20 years in not experiencing or maybe associating any DVT and/or potential PE with their prolonged seated immobility at work.....

Occupational health should not be a re-active solution to an injury but a pro-active intervention to genuinely seek to prevent or reduce the "when" not "if" scenario and whilst there are 25,000 DVT's reported per annum linked to immobility there are some 3 million plus office workers suffering from "Fatigue" resulting in "vigilance decremation" increasing the risk of hazard from non-safety critical error to more serious potential mishap and over time loss of wellbeing and stress related ill-health.

Soooo, taking as many restorative breaks as 'reasonably appropriate' to either any intensive activity or "non-activity" is equally important if the worker is not to be found directly "contributory negligent" in the chain of causation of harm or injury.

Take a break ! You know it makes sense..................

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I am a shop steward within the health service and recently staff manning the switchboard on the evening and night shifts have been told that they HAVE to take the rest break after working through their shifts without one for the past 15-20 years. Is there a legal right by the employer to enforce the staff to take their break and as there may be a health and safety issue with only one member of staff and as they have never taken a break before can they just ask to stay with the same hours and not take the break??

Wayne G.

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I started working for a shop when i was 15 and have recently quit (however i havent received my P45 form yet) Untill about a month before leaving i had learnt about the 6hr/20 min break law, however whilst working there, i have never had this 20 minute break. I would never know what time i would be finishing, therefore wouldnt know if i was going to work over 6 hours, consequently not being able to have my break. This has gone on for the past 4 years now and as i am now aware of it, and have now quit, i am worried no action can be taken. This 20 minute break (which i have never taken) has always been deducted from my wages. Is there something i can do before my old slack boss gets round to completing my P45?

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