Employment law on breaks at work

(9 Posts)
embob28 Mon 16-May-16 20:10:50

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! sad 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 downsad 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, tiasmile x

MummyBex1985 Mon 16-May-16 20:31:24

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.

PlumpAndPlain Mon 16-May-16 21:11:46

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

caroldecker Mon 16-May-16 21:37:17

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.

embob28 Tue 17-May-16 12:40:38

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!!sad

MummyBex1985 Tue 17-May-16 17:34:34

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.

caroldecker Tue 17-May-16 22:24:03

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.

SueDunome Tue 17-May-16 22:32:23

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

DoreenLethal Thu 19-May-16 06:39:46

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

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