Tea breaks...paid , unpaid or illegal practice?

getmore4less

T

jack_pott wrote: »

The statutory time limit used to be 4 hours when I was at work. As part of an annual pay rise one year our tea break entitlement had been conceded by the unions, and our hours were 8:30-12:15 and 13:15-17:00 in order to circumvent the law, on condition that we were free to drink at our desks whilst we worked.

Just to complicate the issue, you can't get AQAP/ISO 9000 approval if there is food/drink consumed at the workplace, so in production areas they got a free 10 minute tea break anyway, but the engineering labs where I worked weren't classed as a production area, so we drank at the desk.

What statutorily legislation was that 4hr limit defined in?

mamabuddah

ScorpiondeRooftrouser wrote: »

I would say that it has been clarified by what they are being asked to do.

But what if I don't want an unpaid tea break...can I be forced?

Also you say my employer has "imposed" is that right? Wrong? Illegal? Compulsory?

Undervalued

jack_pott wrote: »

The statutory time limit used to be 4 hours when I was at work. As part of an annual pay rise one year our tea break entitlement had been conceded by the unions, and our hours were 8:30-12:15 and 13:15-17:00 in order to circumvent the law, on condition that we were free to drink at our desks whilst we worked.

Just to complicate the issue, you can't get AQAP/ISO 9000 approval if there is food/drink consumed at the workplace, so in production areas they got a free 10 minute tea break anyway, but the engineering labs where I worked weren't classed as a production area, so we drank at the desk.

I think you will find that (now at any rate) you only get a statutory entitlement to a break after six hours. You may have a contractual entitlement to one sooner.

sangie595

TELLIT01 wrote: »

You seem to be missing the main point. The OP says that their break is a paid one. I don't think the company can then just decide not to pay it.
I do agree that if the period between start of shift and end of shift is 4hr 15 minutes, and the employer says they will only pay 4 hours, the OP should only work 4 hours and take the break.

That isn't how I read it. I read it as working OVER fours hours entitled to a paid tea break. Working EXACTLY four hours didn't. And the OP was working for EXACTLY for hours, but with 15 minutes for the break.

sangie595

mamabuddah wrote: »

But what if I don't want an unpaid tea break...can I be forced?

Also you say my employer has "imposed" is that right? Wrong? Illegal? Compulsory?

Yes you can be forced. Your employer decides whether you must have a break or not. If they say you have one, then you have one.

How long have you worked in this employment? Because if it is less than two years, do not start arguing with your employer about breaks unless you are wanting to lose your job.

ohreally

Op, what do you wish to achieve?

Art_Deco

20 minute rest , can be paid or unpaid if you have worked 6 hours or more according to GOV.UK, If you are in a "normal working environment" NHS ambulance crew, police etc are exempt for obvious reasons .

foxy_squirrel

If they are expecting you to be at work from 8-45am to 1-00pm and you are being paid for 4 hours, then you take a 15 minute break for which you do not get paid. Make sure you take it in the middle of your shift. It does depend on your field of work, whether you work in an office, factory, shop, outside or on the road. As to what your rules and regulations are about breaks.

getmore4less

foxy_squirrel wrote: »

If they are expecting you to be at work from 8-45am to 1-00pm and you are being paid for 4 hours, then you take a 15 minute break for which you do not get paid. Make sure you take it in the middle of your shift. It does depend on your field of work, whether you work in an office, factory, shop, outside or on the road. As to what your rules and regulations are about breaks.

That only applies to statutory breaks there are no rules for other contractual/voluntarily breaks.

the OP would be far better taking the break at the beginning or the end but that is probably not what the employer wants and they(employer) can make up any rules they like.

Muscle750

I work with someone who spends on average 1.5 a day outside smoking during the time they are meant to be working they also continually "vap" whilst they are back in the working area they refuse to do a mins overtime also . Quite a few of us have raised it with the management yet nothing has changed in 12 months