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Employment Law - Breaks

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oracle39 | 09:57 Mon 12th May 2014 | Civil
7 Answers
I realise the entitlement of breaks has been addressed on here eg 6- 8 hours work entitles you to a 20 minute break but who do you inform outside the company if employees are only getting 15 mins? Employees working 6 - 8 hours have the option of taking 30 mins break but only if they work an extra 15 minutes on top of their shift.
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>>>I used to think it was anyone working over 4 hours was entitled t 15 minutes, or was that drivers? The break entitlement for most workers has only ever been to one of 20 minutes if their shift is over 6 hours long. (People working a 6-hour shift have no such entitlement). That entitlement is neither 'cumulative' nor 'pro rata'. (i.e. if you work an 18-hour...
19:32 Mon 12th May 2014
You need CAB advice - I am pretty sure it is one of the lucky employees or a selection and they sue the employer in an Employment Tribunal

You really need to get unionised - costs are not recoverable in an employment tribunal
Thx BC...

follow internal procedures first... I keep on forgetting that one
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Thanks guys, its actually a multi national supermarket and they encourage USDAW membership. I don't want to challenge it internally because they also allow workers who work 4 - 6 hours a 15 minute break too. It seems odd to me, maybe they have some sort of agreement with the union. Those working less than 6 hours might lose their breaks if their colleagues push for 20 minutes for working over 6 hours. I had read about the breaks on the gov.uk website I just cant get my head around this company's policies, I wanted to know what you think. I used to think it was anyone working over 4 hours was entitled t 15 minutes, or was that drivers? USDAW is a crap union but yes I am a member anyway.
>>>I used to think it was anyone working over 4 hours was entitled t 15 minutes, or was that drivers?

The break entitlement for most workers has only ever been to one of 20 minutes if their shift is over 6 hours long. (People working a 6-hour shift have no such entitlement). That entitlement is neither 'cumulative' nor 'pro rata'. (i.e. if you work an 18-hour shift you don't get an entitlement of 3 x 20 minutes; you're still only entitled to just ONE 20 minute break).
I'm sure that the entitlement is 15 mins if you work over 4 hours (my company employ some people for 3hrs 45 mins so they don't have to give them a break) and 20 mins if you work over 6 hours
That sounds like some sort of company rest break policy, Lynda.
https://www.gov.uk/rest-breaks-work/taking-breaks
As far as I'm aware there is no statutory entitlement to a break after 4 hours- the statutory requirement is 20 mins after 6 hours.
I would ask the union or the HR department. Maybe there's a misunderstanding around the 5 minutes it takes to get back to your work area

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Employment Law - Breaks

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