My feed
Premium

Please
or
to access all these features

Chat with other users about all things related to working life on our Work forum.

Work

Employment law on breaks at work

8 replies

embob28 · 16/05/2016 20:10

Hi I'm currently working as a care assistant and i do 2 shifts a week which are 7 hours long per shift, today I was told that I could have a 5 minute cigarette break but not a 15 minute one as there wasnt time! And that is the only "break" I had! :( when I said something about not having a 15 minute break I was told that management don't have to give me one as it's paid and totally at the bosses discretion:/ is this legal? as my job as a care assistant is very physical and omg it's tiring and I really could have done with having a 15 minute sit down:( I got home from work and I am absolutely knackered as I was on my feet running up and down 3 floors of the care home I work in, I'm also doing showers/baths helping people get washed and dressed also doing breakfast and dinners and then it's tidying rooms and collecting and washing dishes and also cleaning dining room and kitchen!! I was absolutely livid as I'm sure that they are not allowed to deny me a 15 minute break! Any advice would be greatly recieved, tia:) x

OP posts:
Report
MummyBex1985 · 16/05/2016 20:31

You're legally entitled to a 20 minute unpaid break if your shift lasts over 6 hours.

If your employer is failing to allow you that, they're breaching the Working Time Regulations.

Report
PlumpAndPlain · 16/05/2016 21:11

Yep, 20 mins if 6 hours or longer, and must not be restricted to ends of shift- should be somewhere towards the middle.

Report
caroldecker · 16/05/2016 21:37

The break is unpaid though, so you may have to be in work 7hrs 20 mins to get the break - ie 3.5 hours paid, 20 mins break, 3.5 hours paid.

Report
embob28 · 17/05/2016 12:40

I work 7 hrs a shift:/ and tbh I could have done with having a 15 minute sit down but was told my boss doesn't actually have to give me one but I was given 5 minutes for a cigarette break which was most definately not enough! My legs and back were killing me! I feel like I'm being taken the Piss out of! Thx for the advice I'm going to go on the .gov website and print it off to show them! As I feel they think employment law is different for those that work in care!!:(

OP posts:
Report
MummyBex1985 · 17/05/2016 17:34

Your shift length should be 6 hours and 40 minutes with a 20 minute unpaid break.

Whatever you do to complain, do it in writing so you're legally protected if they dismiss you.

Report
caroldecker · 17/05/2016 22:24

Mummy Only if OP takes a pay cut. If she wants to keep being paid for 7 hours, she needs to work 7 hours 20mins with an unpaid break.

Report
SueDunome · 17/05/2016 22:32

You are entitled to a twenty minute break if you work for more than six hours, not seven.

Report
DoreenLethal · 19/05/2016 06:39

Stop calling it a cigarette break for one.

Keep repeating this:

You are entitled to a twenty minute break if you work for more than six hours

Report
Please create an account

To comment on this thread you need to create a Mumsnet account.