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Rest Breaks


trekker
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Hi

does anyone know if the entitlement to a (unpaid) 20 minute rest break in the day applies if a worker works say 9 till 3 (exactly 6 hrs) ...in which case if you have to add in a break they'd be working less than 6 hrs?? ..(or do you contract them for 6 hrs but their working day is 6 hrs 20 minutes) or is it anything above 6 hrs - in which case if working 9 to 3 you get no break at all?

Also does the same apply to apprentices?

Been looking at the govt sites but dont seem to really answer my question. Just going round in circles - probably over thinking it! :o

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working time directive says youn are entitled to a break after working for 6 hours -

http://www.direct.gov.uk/en/Employment/Emp...Off/DG_10029451

 

so id say in your case that they would not be entitled as they do not work more than 6 hours ?

 

but if they are under 18 then they are entitled to a 30 min break after 4 1/2 hours

Edited by fimbo
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My daughter who deals in employment law says 6 hours and then you must have a 20 minute break, However she also says to start at 9 and be forced to work through without a break until 3 is very long and most companies would allow you to take your break before then even if you were only employed for six hours and most would not pay employees for their break. I dont think I could work for 6 hours with no break

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Oh my goodness, I have just been all through this. Staff were working 8.30 - 3 with a minimal break of 5-10 minutes! We had to change the hours of our sessions to make sure that staff were getting at least a 20 minute break inbetween. This was for the sanity of the staff and the well being of the children. To work 9-3 with no break at all must be extremely difficult.

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Oh my goodness, I have just been all through this. Staff were working 8.30 - 3 with a minimal break of 5-10 minutes! We had to change the hours of our sessions to make sure that staff were getting at least a 20 minute break inbetween. This was for the sanity of the staff and the well being of the children. To work 9-3 with no break at all must be extremely difficult.

 

Its horrible and one reason I never returned to a couple of setings when I was on supply.

Give me the jobs no-one else wants, talk about me like I'm not there, forget my name ALL DAY, but dont make me go without a break for caffeine and nicotine.

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:oxD:( Me too!

 

Me three, they are quite tasty although there are quite a few chewy bits!

 

I keep trying to persuade our staff to take a break, but they refuse as they say there is always something to be done. They do manage to sit down for lunch and snack with the children but I keep telling them they should really have a complete break and non contact time away from the kids.

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I have a poster up for staff in the staff loo to explain legal requirements and then what we give. I have a statement on there saying that, in cases of difficulties with staffing numbers, we will reduce the breaks to the legal minimum but aim not to do this (and in 8 years, I have never had to do this!)

So, legally, up to 6hrs you are not legally entitled to a break. We give 10mins, or 20mins if possible (especially if the shift is over a lunch time) Over 6hrs, 20mins. A 'full day' which we class as 8-6, 8-5, 9-6 then an hours lunch break and a 10min break (but 20mins is the legal min). direct.gov.uk gives you all the details. This is different for employees under 18 where it is a 30min break every 4.5hrs.

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