Break Entitlement in Bar wrk

Catty212

Just a quick question please.

I was wondering legally what’s the break entitlement when you work in a bar? How long do you need to work and what is the break length etc.

My evening job is in a bar and we have, up until yesterday been allowed staff drinks at the end of shift, where we tend to get approximately 45 minutes after our shift has finished with a drink and a sit down, which we are still clocked in for, this was kinda in place of breaks during the shift.

It’s now been decided that we’ll no longer get staff drinks after a shift, and breaks will be decided upon at a later, therefore meaning no breaks during shifts at the moment. I smoke, therefore I do kind of get a break, though it’s stood in the freezing cold outside, but there’s a lot of staff who don’t smoke, so what are their rights?

pinkshoes

How long is your shift? If you work more than 6 consecutive hours, then you're entitled to a 20 minute (unpaid) break.

Catty212

It depends, ranges fro 4 hours to 13 hours some days.

Is there any time that a break has to be given? Eg as soon as 6 hours is passed, or is it at the discretion of the managers? I have a feeling it's going to be bad, our managers aren't great at ensuring staff are happy.

pinkshoes

I think it should be after 6 hours are worked, but is at the discretion of your manager.

It's detailed on the government web page, so you can print it and show it to your manager if needs be:

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

Catty212

I will have a look. Im sure they'll have already got it, and realised that they don't HAVE to give a break straight away. They whinge about feeding us or letting us get dinner when we work 13 hours, so they'll whinge about this. Great

pinkshoes

At least they allow you smoke breaks! They could technically stop those too, so you can only smoke in your official break!! Maybe that's what they're thinking about!!

When I worked as a waitress (LONG time ago), the chef often wanted us to work flat out for 8 or 9 hours, but then she was very good at feeding us when the chaos had calmed down!

Is this a Durham bar?? It's been 4.5 years since I lived there, so has probably changed a lot since then!

Catty212

Its a Hotel and Golf Club literally 5 minutes out of Durham City Centre - I'd rather not name names, as Im sure this website is very popular with people from all over!

Yes they allow us smoking breaks, but I think thats only because the majority of the manager smoke, therefore they don't want to shoot themselves in the foot.

SomeBozo

You are legally entitled to a unpaid 20 min break after 6 hours of work.

(Thats why a lot of factories only do 6 hour shifts).

Bozo

LittleVoice

In fact if you work more than six hours your break is supposed to be within your working session, not at the end of it.

dctetsco

as far as I know, current uk law allows for a 20 min unpaid break after 6 consecutive hours of work and that's it. i.e. if you work 12 hours, you still only are entitled to that 20 minute break...

this does mean that your employer *can* allow you further breaks at cost to you e.g. 5 breaks = 1 hour deducted pay. (we have also been threatened with deductions of 15 mins pay for each smoke break!!! ;-( )

not sure this helps but it's my 2c worth!

liney

If you work less than 6 hours you are not entitled to a break if you are 18 years or above. If you work 6 to 13 hours in a day the statutory minimum is 20 minuites. This should be uninterupted, and away from your workstation. The break should not be at the end, or beginning of your shift and can be unpaid if the company chooses. It it the company's decision to set breaks, and could ask you to take your break an hour after the start time if they choose. They are not required to allow you additional smoke breaks.

It sounds like they have realised that they are breaking the rules in regards to the working time regulations, and even though you staff seem happy with the arrangment they are about to set things straight. Also they will save themselves some money, even if they pay you for your breaks because 45 minuites paid break for a 6 hour shift is excessive. They may save even more money if they decide your breaks are unpaid but the paid/unpaid part should already be covered in your contract.

Google "Working time Regulations" and any questions should be answered. ACAS are also useful. This info is specifically about breaks http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792295