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Working hours and breaks. Help!

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Scubaduba | 13:03 Sun 10th May 2009 | Jobs & Education
4 Answers
Hi all. Need some help on this asap please!
I have recently started a new job working for a very well known retailer. My position consists of delivery driving and some store work, however the vast bulk of my time is spent behind the wheel delivering shoppers goods.
The week before last, I worked a total of 32.5 hours spread over four days. On none of thse days was I given a lunch break or any break at all. The longest shift without a stop was 9.5 hours, two of 8.5 hrs and one of 7.5 hours. Is this allowed?
I have looked into this a little bit and have seen the rule of not exceeding 4.5 hours driving. My accumulated hours of driving have far exceeded 4.5 hours each day.
Also, are you not entitled to a break for every 6 hours work you do?
On the days when I have had a lunch break, which for all staff in this company is one hour, the break has been cut short to just half an hour on some days because the delivery vehicle needed reloading for the next deliveries to be done on time. Surely this is wrong too as I am effectively working half hour for no pay!
I have also had no contract of employment, just a welcome letter with a few basic details. I have had no proper written statement which I believed I was entitled too as well.
Sorry to go on but I expected much better from the company as they are supposed to be one of the best employers in the UK.
Any help would be greatly appreciated. Thanks
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Seems like slave-driving but you have no recourse to employment law as you haven't been employed here long enough.

Try & work better arrangements with employer or leave.
Your only entitlement to a break is to a single unpaid break of 20 minutes if you work for more than 6 hours in a shift. The entitlement is neither 'cumulative' nor 'pro rata'. e.g. if you work a 24 hour shift, you're still only entitled to a single 20 minute unpaid break.
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029451

To the best of my knowledge, there is no legislation specifying limits on driving hours for those who drive vehicles which don't require a tachograph to be fitted.

You don't have to be provided with a written contract, per se, but your employer is obliged to provide you with a 'written statement of employment particulars' within two months of you starting work:
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002790 5

If you work 'overtime' (as you're effectively doing if you lose part of your lunch break for other duties) there's no statutory right to be paid for it. (As long as your average hourly pay, for the whole week, meets the National Minimum Wage, the law is complied with). However you can't be obliged to work overtime (with or without pay) unless your contract specifically requires it:
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10028439

Chris
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Thanks for that folks. Very helpful.
At the end of the day, based on what you have said, the company have still broken the law by not letting me have a break in any form on some of my shifts which have way exceeded 6 hours.
Regardless of the minimum break allowance by law it would be what is in your terms and conditions that is the one to be considered from.

The minimum is 20 minutes but if your contract says 1 hr then that is what you should have especialy if they dock you an hour for the break.

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