Employment Law - 3 12 hours on the bounce

SusieWinwood

Where I work has recently required me to work 3 12 hours on the bounce. I did 12 hours Tuesday Wednesday and Thursday. As I didn't have a dinner 'hour' I claimed 30 mins each for these days and an hour for my untaken 'tea' break.

My manager has just kindly informed me that I cannot have the tea hours back as:-

HR said thatstaff are not entitled to this as they would be claiming more hours than theywere in work (??) although they (HR) agreed that staff should have regular shortbreaks. (I didn't) I am assuming that you did get some 10 mins throughout theworking day as it was very quiet. (It's totally irrelevant that it was quiet - the upshot was I was in a room for 7 hours with no food!)

So based on this, it's ok to work 12 hours with only 10 minutes break??? My grasp of Employment Law isn't the best but I cannot believe that this is legal?

Any thoughts?

TIA

Susie

InsideInsurance

As you're working over 6 hours you are entitled to a 20 minute rest break.

It is a little unclear from your "claim" how much break you actually took for "dinner" and "tea" and if you are looking to get paid for it or not.

shortcrust

Why didn't you take a break? Were you stopped from doing so? Did you choose not to have a lunch break?

You're not entitled to claim back money for untaken rest breaks but you ARE entitled to take a rest break. 20 mins if you're working for 6 hours or more I think. However a lunch break would also be classed as your rest break so you're not entitled to a lunch break AND a rest break.

If you're happy to accept money in place of lunch break then you're not in much of a position to complain. However, if you're claiming money because you were prevented from taking a lunch break then you should complain and insist that you are allowed a break in future.

Edit: This link might help....

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

paddedjohn

Unfortunately, as already stated above, only entitled to a 20 min break during your 12 hr shift which needs to be taken somewhere in the middle rather than at the beginning or end of said shift.

Edit to add that depending on what's in your contract, you may not even be entitled to pay during this break.