Break entitlement at work

[Scottymom]

Can anyone clarify this for me as I am finding conflicting advice online .

Are there set laws about breaks at work? I have found info that states a 6 hour shift gives and entitlement of a 20 minute break , it also states that that is for OVER 6 hours - so which is it ? If you work exactly 6 hours are you entitled to that ?

Is it correct that if you work under 6 hours you are not entitled to any break ?

The situation in question is for different shift patterns. Some staff work exactly 6 hours , others work 7 hours and others work 5 and a half hours. All staff have a 1 hour working lunch - cannot leave your station for lunch / cigarette break etc during this time as it is paid. As it stands all staff have a roughly 5 min AM and PM break. However this has not been monitored - it is a cigarette break really - it was always 5 min but some staff take 10min. It is now down to 5 min. Those who don’t smoke are also entitled to that break if they wish. It used to be 3 x 5 min per day, with one during the working lunch , but the one in the working lunch has been stopped and trying to figure out what is actually entitled by law. All staff have the same regardless of hours worked.

The law is the law: https://www.gov.uk/rest-breaks-work

The law is clear but if you have a role where you can leave your desk it is not generally enforced

The law is here: https://www.gov.uk/rest-breaks-work

The 20m break is for over 6 hours, if you work 6 hours exactly this can be without a break. So only those on 7 hours, of the shift patterns you have listed, would be legally entitled to an interrupted break.

Employers can give more, but not less. They do not have to pay you for the break. I don’t think the working lunch you mention would count as any sort of break.

How is a working lunch a lunch break?
If you work six hours you are entitled to 20mins unpaid break.
Less than 6 hours no break.

Its as the wording- over 6 hours. 6 hours is not over 6 hours.

No, it’s over six hours you are entitled to a break. Six hours exactly you are not.

This is still quite confusing. So they have to have the 20 min break at once , uninterrupted- but I also read that it’s at employers discretion if it’s split throughout the day.

It also says they are not entitled to cigarette breaks - does this mean that going for a cigarette during a break is not allowed ? or that it’s not an entitlement so therefore if you work in a school for example and no smoking on premises they could say you have a 20 min break but are not allowed to leave the premises and it couldn’t be argued ?

Does a working lunch make any difference? Staff are paid and get to sit and eat their lunch , but still have responsibilities during that time if needed and are technically still working .

Thank you

So , realistically- having an AM and a PM ‘cigarette’ break would be best kept and not argued - because even though those on 6+ hours are entitled to more ( another 10 min, but realistically those 5 mins do sometimes go over 5 min so could actually only be another 5 min staff are entitled to ) these are currently paid and if there are complaints then management could technically say fine have another 5/10 min but now all will be unpaid ?

When I worked 6 hours a day I didn’t have a break (lunch break) obvs I had a coffee or two and loo breaks! But was only in work for 6 hours and paid for 6 hours. Now I’m in for 10 hours and paid for 9.5 hours as have a 30 min lunch break.

A working lunch is not a lunch break.

A break should be away from desks/stations. Outside if you wish

But aren’t you not entitled to a lunch break anyway if you work 6 hours or less ?

There are staff in different departments who work 8 hours and are paid for 7.5 , not paid for lunch. However they tend to still work at lunch but take 2/3 cigarette breaks that equal to around 20 min

Not necessarily and not paid. 20 minutes minimum is statutory for those working 6+ hours and can be unpaid

I thought it was 20 mins as a block , not 10+10 or 5+10+5

No, the break legally only has to be after the six hours of work, not necessary at lunch time, and it has to be uninterrupted, not split. Though most employers will give the break in the middle of the day. I’ve never worked anywhere where the lunch break is paid. The cigarette breaks are not a legal requirement - again, they wouldn’t be given in any workplace I’ve worked. They would never be allowed to be the 20 minutes legally required for a break.

No-one is entitled to a cigarette break. If you can get to a smoking area and back in your alloted time you can presumably smoke as a break is for you to do whatever you like ( within reason / company policy) But if you omit to go to the toilet etc, you can't then plead extra time for that. It's's grim for other staff to have to be around smokers. I wouldn't work somewhere there were smokers in the same room as me.

No, that’s not legal. They need at least 20 minutes in one block. unpaid is typical. The cigarette breaks don’t count for anything.

If you work a 6 hour shift, you just go home after the shift.

Basically OP anyone working 6 hours or less needs to keep their mouth shut, they aren’t entitled to any break at all so what they currently get is better than that.

Anyone working 6+ hours who is NOT getting a 20 min uninterrupted break needs to speak up, a working lunch is not a break by the word of the law. The issue is though that breaks are not required to be paid so if they push they will most likely get their 20 mins uninterrupted but lose the pay for that time.

It might be best as keep quiet.

The people on shifts of 6hr 1 minute and longer are legally entitled to a 20 minute uninterrupted unpaid break.

The company solution might be to drop 7 hour shifts, or take 20 mins out of the hour long working lunch to make that bit a non working section. And stop paying people for it.

So the 5+5 plus low work demand for an hour over lunch might be a better deal for most.

That was my thought. In the line of work ,although office based , it isn’t feasible , with how the business runs in that department, that everyone has a 20 min uninterrupted break. I can’t see how it would work so my thoughts are as they’re having say 15 min throughout the day and it’s paid it’s probably more beneficial to staff to keep it at that and not argue for more as they could end up losing out . Ironically, it’s those who are not actually entitled by law who are the ones in uproar about it. No one would want a 20 min break if it was once per day , everyone wants those small breaks

I agree. Although it’s a working lunch and you can’t leave your station as such , it is down time . People do tend to sit and chat , scroll their phone, eat their lunch . But , everyone is upset that they can no longer pop out for a cigarette break too . It was taken advantage of i think , taking longer than was given , and now it’s taken away people feel they are losing out but realistically they are not they have had something not entitled to taken away but many are still getting paid breaks that they don’t really realise they aren’t entitled to

This.
I refuse to go to lunch and learns
Lunch time handovers etc
My break is unpaid and because of that I will be taking an uninterrupted break

A working lunch is not a break. You are entitled to 20 minutes break if you work OVER 6 hours (unpaid).

If you're not allowed to leave your workstation, this is NOT a break.

It's that simple.