Temporary work - losing 1 hour as "break"

[Deleted User]

Evening peeps

I have a temporary assignment tomorrow working for a nursing home/new client to me (my agent has begged me lots to go there as there was some resistance with it being 19 miles drive there and back anyway) well I've also heard concerningly from other temps at the end of the shift, the RGN at the nursing home puts on the timesheet we have a 1 hour break to be deducted from total hours to be paid (even though there really is no break/leaving the work station as it were) and has been reputed as saying tough, it's law

I just wanted to check is the 1 hour break really law? Got to say I've never come across it before in care until now it was you get paid for what you do with all other regular clients of the care agency I'm with so to another point it is also not fair on them surely

I've also looked through my temporaries contract and can't find anything relating to breaks outright

My agent denies there are any break losses so it will be interesting (an hour is a lot to lose for a fictitious break I feel) though happy to be corrected if I am dead wrong! and thanks for the time by the way I'll be working 6 hours (half shift as they did want me to do 12 hours straight) if it is the working duration that makes a difference? just thinking to the break deduction

jc808

Your supposed to have c1/2 hour break every 6 hours

This may be what theyre referring to - it is indeed the law

In this case I would leave during the break

[Deleted User]

ah thank you for clarifying that, I don't feel I'll be able to leave because it is a locked building, shall know to turn down the assignment in future

Thank you again

anamenottaken

jc808 wrote: »

Your supposed to have c1/2 hour break every 6 hours

This may be what theyre referring to - it is indeed the law

In this case I would leave during the break

No.

The law is an entitlement to 20 minutes if a shift is expected to last more than 6 hours. (That's assuming you are an adult. Young workers (under 18) are entitled to 30 minutes if shift is more than 4.5 hours.)

So for a shift of 6 hours there is no entitlement to a break at all and therefore no time should be deducted.

It is not every 6 hours - ie if the shift is 12 hours and 1 minute, there is entitlement to only one 20-minute break.

ohreally

The agreement is between you and the agency not the nursing home, to be paid for the agreed shift duration.

If, and it's a big if, there is a deduction under the circs described, I'd be treating it as an unlawful deduction, go to grievence, and decline to work future shifts there again. If the RGN is altering time-sheets, then she needs to be accountable to her employer and in addition she should explain why no agency staff will return to work after doing one shift (why are previous staff who claim to have this problem returning there- the employer has no lawful right to deduct this money).

getmore4less

I would suspect that NMC might be interested in this falsification of records.

Notmyrealname

Ask them if they deduct 1hr for breaks. If they do, take an hour off.

milliemonster

getmore4less wrote: »

I would suspect that NMC might be interested in this falsification of records.

The NMC wouldn't be interested at all as it is a working time problem and not an issue directly relating to patient care/documentation, the NMC are there to protect the public/patients not get involved with disputes amongst staff surrounding breaks

Savvy_Sue

When we were using agency staff, we made it clear up front that a half hour unpaid break should be taken if the shift was going to last more than 6 hours. We then didn't sign off on the timesheet unless the break was shown. We did the same with our own staff.

So, ask up front. Get it confirmed by email. If not happy, don't go.