Lisawrx

iTrader: (1)

Or anyone in the know?

Question about entitlement to breaks at work. All can seem to find is that if you work more than 6 hours, you are entitled to 20 mins.

Basically he works as a courier, from 7 til 5, so 10 hours. He is unpaid for 1 hour, is he still entitled to his 20 mins, as the hour aside he is still working 9 hours, and as said that hour is unpaid?

Regardless of the 20 mins, even if we just look at him being entitled to 1 hour in total, should he be allowed to just take that as a full, uninterrupted hour? As in, they can't say a few minutes here or there between his deliveries/collections, can be totted up to make up his break time, he is not paid for. In my mind if there is a gap between finishing one thing, and starting another, that's just the way it goes in that sort of work, it's not anyones fault there could be a gap, so I don't think it can be right that it is added up to form a break.

Basically, most days he goes without any break at all, due to workload, then even on the days where he may actually get a dinner break, he is more often than not put onto, forcing him either to say he's taking it (which he gets hassle for), or just getting on with what he's told. I just can't see that it's ok to stop someone taking an unpaid break. He can easily go a week, with only 1 hour taken, and not get paid for the rest of the time he has missed out on. And be clear, this is not because he is slow, or doesn't pull his weight.

Any advice welcome, and sorry if I haven't explained this very well.

Will

Lisa, i used to drive a lorry and after 4 and a half hours driving we had to take 45 mins by law!! I dont know what the law is with driving a van ( take it its a van ). Or we could take a 20min and a 25 min after driving 2 hours!! If its unpaid he can take it as he pleases, if i remember rghtly you are not under contract in your unpaid break so you can do waht ever you want as it is unpaid and 'your time' . And bare in mind lorry drivers has tacos, and they show when he had the break and hours he drove etc etc

john_s

iTrader: (1)

IMO, it really depends what his contract or company policies say. He's entitled by law to at least 20 mins uninterrupted break, which cannot be at the start or end of the working day. Beyond that, AFAIK, the arrangements for breaks are between employees and employers.

If he's not being paid for an hour, then that suggests he's allowed that hour as breaks through the day, though it sounds like the company is leaning on employees to not take the breaks.

(As mentioned above, assuming he's not driving HGV's with the associated tacho requirements).

Timwinner

iTrader: (3)

The 20 minutes is law, and if he is a driver the very least he must need. The hour is down to contract, If he has a lunch brake written in then he should take that brake. If the payslip says 40 hours and you are working 45 then you have every right to refuse to work those extra hours.
The time between jobs can not be totted up towards a brake, the purpose of the unpaid hour is a meal brake, its not designed to mop up there inefficient business practice.

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