Rest breaks at work.

traceyaj

Hi , My husband works part time for 18.5 hours per week as a market caretaker. Some days he works 3.5 hours and some days 4 hours. He works alongside 2 permanent staff who work full time for 7.5 hours per day.The permanent staff take a half hour unpaid lunch break at a convenient point during the day.
Yesterday he was advised by his line manager that the full time members of staff are entitled to two paid break times of 10 minutes each per day. He was also advised that he along with his part time colleague are not entitled to any break at all due to working less than 6 hours per day.  Does this sound fair? Surely he should get one 10 minute break per day. From what we have read it seems that the company are not obliged to give anyone a break. However to me it seems that they are discriminating against part time staff. Any advice welcome.

[Deleted User]

If the working day is over 6 hours, a rest break of 20 minutes is required (this need not be paid). The break needs not be taken but if it is it shouldn't be at the beginning or end of the shift. 

ACG

4 hour shifts, legally has no break requirement.
You may feel it is discriminatory, but legally it is fine. 

If he has a medical condition which means he struggles to work 4 hours without a break, it might make things different but the average person should be able to manage a 4 hour shift.

traceyaj

ACG said:

4 hour shifts, legally has no break requirement.
You may feel it is discriminatory, but legally it is fine. 

If he has a medical condition which means he struggles to work 4 hours without a break, it might make things different but the average person should be able to manage a 4 hour shift.

He can manage a 4 hour shift. It is the fact that his full time colleagues get a 10 minute paid break for doing the same thing that we feel is discriminatory.

elsien

He’s begrudging them 20 minutes? 

Not worth falling out over, surely. 

comeandgo

Legally the part time ones don’t need a break but the full time ones do.  It is a legal requirement not a choice the employer has made.

elsien

comeandgo said:

Legally the part time ones don’t need a break but the full time ones do.  It is a legal requirement not a choice the employer has made.

They already have the lunch break which covers the legalities. The two extra 10 minute breaks seem to be a voluntary extra.

Marvel1

Can see his point but nothing he can do.

Full time worker: 8-4
Work 8-10, 10 min break
Work 10:10 - 12:00, 30 min break
Work 12:30 - 14:30, 10 min break

Part time workder 8-12, no break

Marvel1

comeandgo said:

Legally the part time ones don’t need a break but the full time ones do.  It is a legal requirement not a choice the employer has made.

I thought this would only apply to the 30 mins they get (which the law says 20 mins) for working over 6 hours.

traceyaj

elsien said:

comeandgo said:

Legally the part time ones don’t need a break but the full time ones do.  It is a legal requirement not a choice the employer has made.

They already have the lunch break which covers the legalities. The two extra 10 minute breaks seem to be a voluntary extra.

Thank you elsien. That is the whole point voluntary extra for some staff only. He is 64 years of age, why shouldn't he get the chance to sit with a  warm drink as well.  

General_Grant

Consider legal requirements regarding not discriminating to the detriment of part-time workers compared with full-timers.