At work today as we started our 'rest break' we were told we are not allowed breaks any more!! Can this be done without us being given notice? ???
Are you in a trades union?
This page explains your rights:
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451 (http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451)
The legal minimum for adult workers is a 20 minute break if the work period is 6 hours or longer but there are exceptions to the rule so you will have to check these and see if they apply to you.
What does your contract of employment state?
No union
We either worked 5 1/2 hrs with 10 mins break or 6hrs a day with 1/2 hr break depending on our rota and then out of the blue we were told no breaks allowed with no notice given, I thought we would've had to at least have notice of these changes and not be told as we had just made a cuppa!!
What does your contract of employment say?
When I worke for the co-op some years ago we worked 4 hours and got a 10min break. They cut the hours to 3 3/4 and stopped the tea break
There's no mention of breaks in my contract.
I'd like to see managers work that long without a cuppa. ???
It's bad anyway, when bugs are going round keeping well hydrated is one of the best ways of keeping yourself healthy.
Is yours the kind of job where you can grab a drink on the go?
When I had management doing the same thing I took a water bottle ( the type you use at the gym) and drank from that when I could.
I am a housekeeper in a 46 bed care home with heating on full belt.
Gotta say I'm not keen on drinking a cuppa while cleaning s****y loos, it goes against the whole Health and safety and Infection control :o
If your contract makes no mention of breaks and your work periods are less than that required for a statutory break, then your employer probably isn't obliged to allow you a break. If breaks have been taken that contractually and legally you weren't entitled to but your employer raised no objection, it might have been a bit more diplomatic of them to let you know in advance they were going to be removed but I doubt they were obliged to give you any notice.
If it comes H & S issue for staff not having a break..then the imployers have to budge with breaks.
I can only imagine what your job involves..but not actually done it..its difficult to me say if H&S have role to play.
Oh --someone else who works in the caring profession with non- caring managers.
Even more reason why you need a drink, a break and even a little sit down. It benefits EVERYONE in the end.
Ceres is probably right. Sad but true, you will probably feel the effects of deydration in that space of time in a high temperature (why are Resi homes and hospitals so hot?) So when you start getting bad headaches and migraines, sore throats, coughs and colds. Hey ho, staff will go off sick, and everyone will have more work to do. :( :( :(
Yep, you got it in one pumpkin!! New manager since Sept 2010. And daily headaches and sore throats and thats with a break, then there's the twice yearly D and V :-X >:(
If you look at Ceres's reply the web page links to another that gives employers responsiblities under the health and safety at work act, one of which being to "prevent risk to health"
It doesn't matter if you're in a union or wether they recognise any union (another favourite of employers) the law is the law, and the're coming very close to breaking it even if they arn't at the moment.
If the're a care home are they regulated by the local authority? just mention that you're going to check with the local authoritory about the break situation and see how quickly they get re-instated.
It is not regulated by the local authority.
Working 10am til 4pm with no lunch...I'll waste away :o :o :o
Quote from: lisaparkin on February 07, 2012, 16:48:15
It is not regulated by the local authority.
Speak to the Care Quality Commission and tell them patient care is being compromised.
http://www.cqc.org.uk/ (http://www.cqc.org.uk/)
I'm sure that the chap (or woman) who cancelled your teabreak and is such a stickler for the rules would positively WELCOME a surprise visit from the CQC inspectors. ;D
This is intresting...........I suppose it depends on what job you hold how desperate you are for the break.
I should think working in a care home you really need one.
In these hard times we run on a minimun staff so never have an official break but we can eat and drink when we choose.Sometimes it can take me an hour just to finish a simple meal because of customers needs .Other days no problem.
I would rather this than be unemployed.
Quote from: lisaparkin on February 07, 2012, 17:24:14
Working 10am til 4pm with no lunch...I'll waste away :o :o :o
if working 6hrs or more a break must be given by law no less than 10 mins, my wife is a chef and i got her a break during the day as im a supervisor in a factory and keep abrest as much as possible with legislation to look after my work force.
this is from the TUC website.
Breaks at work
You are also entitled to a break of 20 minutes away from where you normally work if your working day will be longer than six hours.
But the same groups of workers who have different provisions for daily and weekly breaks can also have their breaks at work varied. Again if you cannot take your break you must be given time off at another time.
In some jobs you may be entitled to longer breaks. If your job is particularly repetitive or dangerous (such as the threat of RSI to keyboard workers) then you may be entitled to more breaks, at least away from the dangerous activity. Take advice if you are in this position.
Top of page
Can the provisions be varied?
Individuals cannot opt out of, or change, their breaks. The only way to vary the right to a break is through a collective agreement between management and the workforce. The entitlement to breaks cannot be ended, but their timing can change.
Where there are recognised trade unions this will become part of the normal negotiating process, and can bring benefits to both workers and employers.
If there are no unions there is a provision for what is called a 'workforce agreement'. The employer will organise an election for workforce representatives who will then conclude an agreement.
The TUC is worried about this procedure. It is under the control of the employer, and reps without union back-up are much less likely to get a good deal. If this is going on in your workplace, you may want to discuss with an appropriate union how best to use it as a way of unionising your fellow workers.
Some minor provisions can also be varied in the contract with your employer.
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451
Twenty minutes in 6 hours but seems to exclude hospital work and presumably a care home falls within this. However for the safety of the residents the staff need adequate breaks and food.
Thank you for all your help, advise and interest :D