Law regarding breaks?

liney

davidjwest wrote: »

The employer says a ten minute break every 2 hours is acceptable, if I choose to pace around in circles in my break then that's my prerogative surely? Not that I do that of course.

I suffer from a long-term, chronic illness and am covered by the Disability Discrimination Act - does that make any difference legally?

I brought this up at my last appraisal and they've asked for a Doctor's report now.

The employer pay you for the 10 min breaks I assume only because you mentioned that lunch was unpaid, so i think that actually they can tell you what to do in the time, ie prevent you from leaving the building if they choose. I'm sure SarEl will correct me if i'm wrong.

In what way are they treating you differently?

Are you now claiming you require additional breaks due to your illness?

The company are required to make reasonable adjustment, not bend to dictation by employees. What is reasonable depends on the adjustment and the reasons for it.

dickydonkin

TEDDYRUKSPIN wrote: »

The answer = no such law. Due to health and safety, the company is actually giving you more than you need. The company you work sounds like a right - what you call it. I use to work for one in my teens. Communication-based companies are classic for timing you if you go off bench.

Well there is a law actually.

The Display Screen Equipment Regulations cover this situation and the HSE do indeed offer guidance and ACOPS for this and many workplace activities.

Although guidance and ACOPS are just that and not set in stone as such, courts will refer to these, so in general, if you adhere to such guidance, you will very likely be complying with the regulations they refer to.

As a comparison, consider the Highway Code as guidance/approved code of practice.

C_Mababejive

Believe me,,in this day and age companies are looking for victims. If you make waves then you might end up not working there any more DDA or not. I'm not saying its right.Its just how it is.

zzzLazyDaisy

davidjwest wrote: »

The employer says a ten minute break every 2 hours is acceptable, if I choose to pace around in circles in my break then that's my prerogative surely?

No. It is not your perogative to take a ten minute break from work every two hours to do as you like. The guidance is that you should take a break from looking at the computer screen. This may include answering the phone, using the photocopier, going to the toilet, discussing something with a colleague, looking something up, etc etc. The purpose is to give your eyes a chance to re-focus, not to give you a series of paid rest breaks from work throughout the day!

davidjwest wrote: »

I suffer from a long-term, chronic illness and am covered by the Disability Discrimination Act - does that make any difference legally?

No-one can answer that question as you have given no information about your illness. Basically the Equality Act (which replaced the DDA) provides that the employer must make reasonable adjustments to accommodate your disability, so that you can continue to do your job. Unless your illness is affecting your ability to do your job and means that you need to take a complete break from work for ten minutes every two hours to have a walk around, then these are two separate issues.

HappyMJ

Bobl wrote: »

Also there is a difference between the definition of computer v VDU (which is generally two colour and has statutory breaks built in; 10 mins every hour I think), it sounds like you use a computer and therefore you are not entitled to additional breaks.
!

A computer has a VDU to display the information to you. They are the same thing whether they are monochrome and a CRT or the latest 32 bit widescreen LCD monitor of today. You can't use a computer without viewing the output on a screen. It is a HSE recommendation that users take an hourly break. It may not be law but it is highly recommended to avoid any prosecutions for eyesight problems of employees. I have always taken a short break every hour and it sounds like I do the same work as OP. I don't time it to exactly 60 minutes it's just a natural break. Tea/Coffee anyone. Toilet? Printout from the printer. Just something looking away from the screen and get the eyes refocused on something else.

SarEl

zzzLazyDaisy wrote: »

No. It is not your perogative to take a ten minute break from work every two hours to do as you like. The guidance is that you should take a break from looking at the computer screen. This may include answering the phone, using the photocopier, going to the toilet, discussing something with a colleague, looking something up, etc etc. The purpose is to give your eyes a chance to re-focus, not to give you a series of paid rest breaks from work throughout the day!



No-one can answer that question as you have given no information about your illness. Basically the Equality Act (which replaced the DDA) provides that the employer must make reasonable adjustments to accommodate your disability, so that you can continue to do your job. Unless your illness is affecting your ability to do your job and means that you need to take a complete break from work for ten minutes every two hours to have a walk around, then these are two separate issues.

Completely agree. It appears that the problem here is understanding of the word "break". It isn't a tea break. It isn't a perambulation break. It is a break from looking at the screen, not a work break. And it is only recommended, not enforceable.

DVardysShadow

SarEl wrote: »

Completely agree. It appears that the problem here is understanding of the word "break". It isn't a tea break. It isn't a perambulation break. It is a break from looking at the screen, not a work break. And it is only recommended, not enforceable.

True.

But when I was doing software training, on a few occasions a student would get into a complete mental gridlock and I would not hesitate to tell them to go away for 10 minutes. Some were reluctant. But generally they came back and got on with it, making progress past their mental block.

Software engineering and systems analysis are about solving problems and wise managers allow the leeway for the individual to meet the objective of solving problems. The dim managers persist in watching their employees' toilet breaks.

zzzLazyDaisy

I agree, a break can be productive, and with the right employee and a good manager, it should be possible to have give and take on both sides.

But that is entirely different from saying that an employee who uses a PC is entitled to take regular breaks and to do what he likes in those breaks - even if the employer objects to this - which is what OP appears to be saying.

patman99

I thought you were entitled to a 20 min break after every 4 hours (which is why the major supermarkets never used to employ their staff for more than 4 hrs per day)

Mk14:37

Patman, that's only the case for under 18s. Over 18s receive (by law) 20 minutes after 6 hours, which cannot be taken at the start or end of a shift.