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  • FIRST POST
    • Mancroft
    • By Mancroft 7th Mar 18, 11:42 PM
    • 1Posts
    • 0Thanks
    Mancroft
    Unpaid breaks
    • #1
    • 7th Mar 18, 11:42 PM
    Unpaid breaks 7th Mar 18 at 11:42 PM
    Hi
    Wondering if someone can help.

    Our place of work (clothing retail store) is bringing in an unpaid 30 min break on top of a paid 20 min. Unfortunately, for those in a supervisory position, no provision has been put in to cover these breaks, leaving the store without someone in charge. They have been told that they must not leave the premises on an unpaid break as it leaves the store without a manager and they will need to be on call during their break. Is this legal?

    Thanks
Page 1
    • Xbigman
    • By Xbigman 8th Mar 18, 12:48 AM
    • 3,110 Posts
    • 1,348 Thanks
    Xbigman
    • #2
    • 8th Mar 18, 12:48 AM
    • #2
    • 8th Mar 18, 12:48 AM
    Yes its legal, it happened to me as a bakery supervisor. You can also expect management to query the drop in output with everyone taking an extra break and organising those extra breaks will be a nightmare. But then I'm an old cynic.

    The only issue you might have is pay. In my case everyone had a half hour equivelent pay increase that year. Management said that doing half an hour a day less for the same money was a good payrise.


    Darren
    Xbigman's guide to a happy life.

    Eat properly
    Sleep properly
    Save some money
    • ohreally
    • By ohreally 8th Mar 18, 8:15 AM
    • 6,651 Posts
    • 5,185 Thanks
    ohreally
    • #3
    • 8th Mar 18, 8:15 AM
    • #3
    • 8th Mar 18, 8:15 AM
    If the break is interrupted then the clock resets.
    Don’t be a can’t, be a can.
    • Takeaway_Addict
    • By Takeaway_Addict 8th Mar 18, 8:52 AM
    • 5,818 Posts
    • 6,712 Thanks
    Takeaway_Addict
    • #4
    • 8th Mar 18, 8:52 AM
    • #4
    • 8th Mar 18, 8:52 AM
    If the break is interrupted then the clock resets.
    Originally posted by ohreally
    Is this what you wish happened or is this legal? I can understand if say your break at 10 minutes is interupted for 10 minutes and then you get to take the other 20 minutes straightafter but not a new 30 minutes
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • ohreally
    • By ohreally 8th Mar 18, 9:35 AM
    • 6,651 Posts
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    ohreally
    • #5
    • 8th Mar 18, 9:35 AM
    • #5
    • 8th Mar 18, 9:35 AM
    Ill try and find ACoP/ guidance notes to this later (may not be today as under time pressures).
    • liviboy
    • By liviboy 8th Mar 18, 10:01 AM
    • 418 Posts
    • 158 Thanks
    liviboy
    • #6
    • 8th Mar 18, 10:01 AM
    • #6
    • 8th Mar 18, 10:01 AM
    If the break is interrupted then the clock resets.
    Originally posted by ohreally
    I think you're wrong on this one.


    Your rights at work are an uninterrupted 20 minute break.


    If the paid 20 minutes is uninterrupted then technically the 30 minute can be interrupted as many times as they like...you would simply pause the clock and restart it when returning to break. e.g. break for 10, needed on shop floor for 5, return for 20.


    Of course, there may be local/union agreement otherwise.
    • ohreally
    • By ohreally 8th Mar 18, 6:37 PM
    • 6,651 Posts
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    ohreally
    • #7
    • 8th Mar 18, 6:37 PM
    • #7
    • 8th Mar 18, 6:37 PM
    Not what I was looking for but sets the scene...

    It doesn't count as a rest break if an employer says an employee should go back to work before their break is finished.
    https://www.gov.uk/rest-breaks-work/taking-breaks
    • BorisThomson
    • By BorisThomson 8th Mar 18, 7:01 PM
    • 1,586 Posts
    • 3,422 Thanks
    BorisThomson
    • #8
    • 8th Mar 18, 7:01 PM
    • #8
    • 8th Mar 18, 7:01 PM
    Not what I was looking for but sets the scene...



    https://www.gov.uk/rest-breaks-work/taking-breaks
    Originally posted by ohreally
    That refers to statutory breaks. Anything in addition to that will be according to the contractual terms.
    • ohreally
    • By ohreally 8th Mar 18, 7:05 PM
    • 6,651 Posts
    • 5,185 Thanks
    ohreally
    • #9
    • 8th Mar 18, 7:05 PM
    • #9
    • 8th Mar 18, 7:05 PM
    That refers to statutory breaks. Anything in addition to that will be according to the contractual terms.
    Originally posted by BorisThomson
    I understand this.
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