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.

I'd say the lunch break is being given in line with the law. If they choose to work through it that's their choice.

There is no entitlement to cigarette breaks, but management can obviously allow them on a discretionary basis.

A working lunch is not a break.

Staff should be able to leave the premises , e.g for a cigarette, on their break if they choose.

The entitlement is only for 20 mins, unpaid, if they work more than 6 hours, but many employers recognise the benefits of giving more.

I suspect you might be talking about schools, where staff often work their break "voluntarily".

Back in the 90s it used to be 4 hours. So when I worked at Woolworths all the shelf stacking people like me did 4 hour shifts as it meant we didn’t get a break. We could nip to the loo if we needed to but you always felt you weren’t allowed. I had to change my shifts as I was 5-9 (twice a week) on a week day and 4-8 Saturday but when at uni and on teaching practice the bus didn’t get be back in time for a 5pm start so I did 6-9 and worked an extra 2 hours on my Saturday. They didn’t like this because it then meant I needed a break soon 2-6 so I vaguely recall I ma have started at 1:30 and not 2-8 so that I was still working the number of hours o was paid for plus I got a half hour lunch.

When I worked at high school at a garden centre on a weekend I did 9-5 and got a short morning and afternoon break as well as an hour lunch. I changed to another shop doing same hours but they only gave me a half hour lunch.

There’s been a lot of discussion of this working in a school more recently with the 6 hour thing. We got out unpaid 35 minute lunch when working 8:30-4:10 and one 15 minute break in the morning OR afternoon but we were constantly reminded that the 15 minute breaks were not an entitlement as far as employment law and was just courtesy from the school as we were being paid. There were some staff who worked 10-2 due to childcare and didn’t get their lunch break. Some worked 9:30-3 so they could pick their kids up and they would get their half hour lunch.

I'm lost here???what's your point?

And your point is what?

My point is that legally you’re entitled to one uninterrupted 20 minute break if you work more than 6 hours. Some employers choose to give extra breaks within the 6 hour window but it’s not an entitlement until after 6 hours.

https://www.gov.uk/rest-breaks-work

I think context behind your role would help.

If you are a receptionist, I would fully expect an uninterrupted break over 6 hours of work.

If you are a nurse/carer, I would expect the same, however if the client is unwell/needs help, you would be available return to work to assist. However, you should then get to continue your break/restart your break. Our lone workers are entitled to a break, however not always as feasible in a “stereotypical fashion”, but they are paid for every minute they are on site.

The company I work for allows us to take our breaks whenever we want

I usually take 15 mins at 1130, go for 1 hour lunch at 1 and another break around 3pm, other team members do similar

Working hours are 830 to 5 and I wfh 4 days a week

Only the people who work 7 hours in your OP are entitled to an unpaid break, technically yes they could smoke during that break.

The rest of the team is not entitled to a break or to go and smoke.