Should my OH be paid for his break time?

purplegirluk1

My OH has managed to get himself a job :j yay I am so pleased with him!!!!!

I have just been reading their staff hand book and it states that 'if your shift exceeds six hours you are entitled to a 30 minute unpaid break. Where a shift exceeds 8 hours an additional 30 minutes unpaid break may be taken.

My OH works shifts that last eight and a half hours at a time, the half an hour I guess has been added on as the break time. I would have thought that he would at least get a paid tea break but he doesn't. I have checked out the dept of trade and industry site and it seems that they are being given minimum break allowance. What I am not sure about is if he should be paid for his break?

I have never worked for a company that has not paid at least tea breaks for a 8 hour shift. Can anyone give any advice?

donnalou

Hi purplegirluk1

My contract states unpaid lunch break, I think this is normal

Donna

purplegirluk1

Do you have any paid breaks though? or any other breaks in general?

I know it is normal to have an unpaid lunch hour but everyone I have spoken to has at least one paid tea break of some form. My OH is only getting one half an hoir break all shift and it is unpaid.

lellie

purplegirluk1 wrote:

Do you have any paid breaks though? or any other breaks in general?

I know it is normal to have an unpaid lunch hour but everyone I have spoken to has at least one paid tea break of some form. My OH is only getting one half an hoir break all shift and it is unpaid.

it's not compulsary to pay but most places do as far as I know.

Katie_Bell

Unfortunately there is no legal requirements to pay staff breaks, but they legally are entitled to 15 mins (I think) for each 4 hours worked. Sorry.

hjb123

When I last worked if we worked a full day of 8 hours or more we were entitled to an hours unpaid lunch and 2 x 15min unpaid tea breaks.

Is there no mention of lunch/meal breaks in the contract?

H

donnalou

I have a 45 minute unpaid lunch break, no other breaks

Quackers

I work in retail and get one 30 minute unpaid break in an 8 hour day.

This is quite normal now.

I could hark back to remembering the days when we got breaks as well as a lunch break AND when the lunch break was a whole hour (them were the days) but it was so long ago I cant remember it

All my younger weekend staff work in 4 hour shifts so I dont have to give them a break.

Older part time staff either work 5 hours with no break or start 15 minutes early if they want an unpaid 15minute break.

purplegirluk1

Thanks for all your responses. As far as I can see they are giving staff the minimum amount of break time allowed for the shift and then allowing them to take an extra half an hour if they work longer, none of this is paid.

Quackers, you say this happened years ago? I am 23 and I have worked with two companies where it would be usual to have an hours unpaid lunch time and two 15 minute paid tea breaks so it still happens I assure you, that is part of the reason why I questioned the shortness of his pbreak so much.

The law states that

If a worker is required to work for more than six hours at a stretch, he or she is entitled to a rest break of 20 minutes.

The break should be taken during the six-hour period and not at the beginning or end of it. The exact time the breaks are taken is up to the employer to decide.

Employers must make sure that workers can take their rest, but are not required to make sure they do take their rest.

This is different of you are under 18, then the law states that

Special rules for Young Workers

Different rules apply to young workers. If a young worker is required to work for more than four and a half hours at a stretch, he or she is entitled to a rest break of 30 minutes.

As far as I have seen there is no law that states that any brealk times need to be paid. I guess I have just always worked for companies that offer a high standard of service to staff.

WSO

Where I work we typically have a paid 30 min break and an unpaid 20-25 minute break (depends on length of shift). As we have canteen facilities hot freshly cooked food is available to most people on their breaks which usually coincide with meal times (give or take half hour), the only exeception being those few who work the night shift.

jobbingmusician

Hi Purplegirl.

You're absolutely right with the bit of law you looked up. I don't think anyone much gets paid tea breaks any more (although depending on the industry, people do find ways to get cups of tea while they are working, in most jobs )

I'm still not sure what your BF's terms and conditions mean, though. Do they mean that an 8.5 hour shift is actually paid as 8 hours, as the other half hr is an unpaid break? Is he paid by the hour or by the shift?

I guess only starting the job will actually clarify what custom and practice are at the firm, unless he knows anyone he can ask..... :rolleyes: