Working hours + breaks question

[Abraham]

Right, i know these are reasonably common, but it's a little different to the norm

My company claim that because of the nature of the work we do (stewarding and security for events) that they arent obliged by law to give us a break. Now i've always just thought they were lying, but am interested to know for certain.

Normally, it's not an issue, we normally work 5 hour shifts, and they'll try to give us a 15 minute break or so
however
the problem arises with longer shifts
for example
I worked Bon Jovi last week
10.5 hour shift
one 15 minute break, which had to be taken 5 minutes away from my position = 5 minutes to get food and eat it

I'm working two 12 hour shifts for the take that concerts today and tomorrow and am fully expecting the same. Just interested to know if i'd have justification to complain or not

Any knowledge welcome
basically as to whether there are exceptions to the normal law

 

[TheCrow]

http://www.acas.org.uk/ - best guys for the question and the anwser will be by the law. just call there helpline n ** question will be sorted in a few mins.

 

[Priest]

From the Working Time Act (1997)

12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.
(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).
(3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).
(4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2).

Can be found here

[edit]Just saw the last bit you posted, not sure about exceptions sorry. [/edit]

 

[MarcLister]

From the Working Time Act (1997)


Can be found here

[edit]Just saw the last bit you posted, not sure about exceptions sorry. [/edit]

Erm isn't that from the Irish statute book as hinted at in the link url? I reckon Ireland might have slightly different laws to us, you know.

 

[Saberu]

My company claim that because of the nature of the work we do (stewarding and security for events) that they arent obliged by law to give us a break.

I smell BS. Employers always try to take away breaks it annoys me so much, last place I worked at I was only doing a 5 hour shift but I still expected a 15 minute break as I should be allowed but they claimed they didn't need to give me one

edit: According to this site it's 6 hours, not 5 so I must be wrong about that.

Your workers are entitled to regular breaks in the working day. Workers aged 18 or over should be offered a minimum 20-minute break for every shift lasting more than six hours. You can determine the break's timing, though it mustn't be offered at the beginning or end of a shift. While it is your duty to ensure that your workers can take their breaks, you are not bound to ensure that they actually do take them.
..
Other exceptions cover:

* emergencies or busy periods, when breaks can be accumulated and taken later
* mobile workers who are entitled instead to adequate rest - meaning regular breaks to guard against tiredness
* agreements between employers and workers for breaks to be taken later

So theres either an agreement with your employer or your covered by one of those other two.

 

[Priest]

Erm isn't that from the Irish statute book as hinted at in the link url? I reckon Ireland might have slightly different laws to us, you know.

You know, you'd have thought I'd have noticed that. D'oh

I think they are very similar here tho, my employer has almost identical guidlines reguarding breaks.

 

[MarcLister]

You know, you'd have thought I'd have noticed that. D'oh

I think they are very similar here tho, my employer has almost identical guidlines reguarding breaks.

I was thinking it was rather obvious unless you were implying that Ireland is a secret puppy state of the UK and copies all of our laws.

But I would have thought that good old Mr Europe would have played a part in labour laws Europe wide and so they are bound to be quite similar with just tiny changes for each country to suit their workforces.

 

[Retorted]

12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.

Yup this is what I believe it to be. Don't know of any exceptions, there's always some

IMHO 4hrs 30min is a lot of time to go without a break. I feel these regulations are outdated, especially within retail where they can often be subjected to abuse.

 

[squiffy]

Ask them to give a signed letter no breaks are allowed. They won't for obvious reasons. So check your contract, and go for a break anyway what it states in there.

 

[Morba]

back when i used to do event security, i would take food and drink with me on shift, as would most others and we would rotate in our groups on who was having a break.

when doing the meat wagon we just ate and drank as we pleased really

 

[TheCrow]

Ask them to give a signed letter no breaks are allowed. They won't for obvious reasons. So check your contract, and go for a break anyway what it states in there.

good idea, n if they do u can sue them ahhh america has tot us well

 

[squiffy]

good idea, n if they do u can sue them ahhh america has tot us well

Yeah I used that when a manager "told" me to put food that was left out of chill for 10 hours on the shelf, I refused- he did the usual "I'm your manager do what you're told" etc etc then I said "give me a letter signed by you that you told me to put these items on sale" when bright red and stormed off. Another time I was on tills for a while, needed to go toilet, supervisor refused me to go...said I was going to urinate on the tills if she didn't let me go, still refused so walked to to loos anyway. On the way there a manager shouted to me go back to the tills and blocked my path. WTF? I had to push my way past him.

Oh another one- on my break alone in the canteen. Manager stormed in and told me to move to another chair. WTF? He said he was sitting there and wanted me to move. I refused, he then told me to come see him in his office (now) I refused, since that's on my break..I will pop into his office after break. Stormed off again...when I went into his office he apologized, I didn't accept his apology, told him acting way of line. oh and other one manager told me to repair the lift...erm I'm not a qualified lift engineer, I'm a shelf stacker.

IMO employees should be allowed to kick the **** out of managers and not be held responsible in certain circumstances. Perhaps if we were allowed these rights out work lives wouldn't be so miserable, and they won't do it again (if you just quit they'll do the same thing with the next person) ie some 17 year olds started, managers basically breaking law, telling them to work 1 hour after their hour finished unpaid, working during dinner/break...as a partially senior person told them to go on breaks as manager breaking the law, they are entitled to x breaks and cannot be forced to work overtime without pay...I then had a row with the supervisor as using their lack of knowledge with work law, and willingness not to provoke them to get extra work.

 

[SexyGreyFox]

I worked Bon Jovi last week

I'm sorry but you lost me at that line.
Surely you can take them to the highest court in the land for making you work with Bon Jovi?
I hope they gave you exceptional ear protection so you didn't have to listen to that row?

On topic -
You should work in Engineering.

Start 7:45 am
Break 9:10 am (12 mins)
breakfast 10:15 am (15 mins)
Break 12 noon (12 mins)
Dinner 1:15 pm (30 mins)
Break 3:10 pm (12 mins)
Finish 4:27 pm

 

[L0rdMike]

I worked 20 hours before with just a 30min break.

 

[JBuk]

I'm sorry but you lost me at that line.
Surely you can take them to the highest court in the land for making you work with Bon Jovi?
I hope they gave you exceptional ear protection so you didn't have to listen to that row?

On topic -
You should work in Engineering.

Start 7:45 am
Break 9:10 am (12 mins)
breakfast 10:15 am (15 mins)
Break 12 noon (12 mins)
Dinner 1:15 pm (30 mins)
Break 3:10 pm (12 mins)
Finish 4:27 pm

I`m an Engineer and those times are pretty much spot on, although i work shifts so they do differ slightly

Start 2:00 pm (more like 2:15)
Coffee/tea break 2:15 pm (10mins)
Coffee/tea break 3:30 pm (10mins)
Coffee/tea break 5:00 pm (10mins)
Lunch break 6:00 pm for 22mins - usually extends to 45 though
Coffee/tea break 7:30 pm (10mins)
Coffee/tea break 8:45 pm (10mins)
Finish 10:00 pm (usually 9.40 pm , gives enough time to lock up)

These times ensure we can fit at least an hours work into an 8 jour shift

 

[Amleto]

op

http://www.lowpay.gov.uk/ER/work_time_regs/wtr6.htm

working time>6hrs, then you're entitled to 20min break.

 

[Abraham]

well it happened again today, 12 hour shift, one 15 minute break, which we got about 7 hours into the shift
i'm going to question it tomorrow
its a **** company to complain in though, although they wouldnt unfairly dismiss you they would withold work from you and come up with some bs reason
however i'm not intending to work for at least the next 2 months, so i might as well go for it