Work Break

[Potplant85]

So I’ve just started a new job, working from 3.30pm till 10.30pm 4 nights per week.
I have to take a 30 minute break, but they schedule this at 9 as that’s a quiet time, but for me doesn’t work as it’s close to my finish time. I’ve looked online and it says you should not be asked to take breaks near the start or end of your shift, but doesn’t specify how far into or at end of shift this applies to. Am I being unreasonable to not want a break at 9. I’ve asked if I can forgo a break as it’s a sit down job and can drink at my station, but have been told no. If it makes any difference I’m not paid for the break, so if I don’t take, I will still be deducted the half hour.

I think this is legal. What's not legal is asking you to work over 6 hours without a break.

I think you'll just have to suck it up, sorry its shit but business needs come first

They can’t tell you to take your break at 3:30pm or 10pm. The break needs to be during your shift, not at the start or end of it. 9pm is legally fine.

That’s the point, I work 6.5 hours because of that I need a break, but they are making me take this late in the evening. I’ve offered to cut down to 6 hours and take no break, but they won’t.

They should be aiming to have you on break in the middle of the shift. If they can't do that at the moment then they haven't got the staffing levels right and should be adjusting rotas to do this
Join a union and speak to your rep.

It's annoying but perfectly legal unfortunately.

Perfectly legal and makes sense. Common in the hospitality industry. If you're doing a Friday night 3pm till midnight shift you obviously can't take your break between 7 and 10 so it ends up being 11pm. Not ideal but needs to be done.

Completely legal. They have to give you a break as you are more than 6 hours in total. As long as your break is during your shift and you still have time on your shift to work after your break it is fine.

Join a union and speak to your rep.

Honestly, this. If your employer is being arsey about something so basic it's worth protecting yourself.

Yeah, that’s not a thing. Breaks can be at any point in the day, except the start and very end.

Afraid it’s legal And so you can moan if you want to but they don’t have to do anything

www.acas.org.uk/rest-breaks

Should be planned in advance in the middle of the day.

They don't want you to cut down your hours because they need you working at the start and end of the shift, hence the 9o'clock break.

Says nothing about the middle of the day?

It says 'during the working day' not 'in the middle of the day'
This means I can't be at 3.30 so you start at 4, or at 10 so you finish early.

So I understand its a bit annoying, but legal and reasonable to be honest. Working 330 till 9 is only 5.5 hours, and seeing as its not a physical job, you say you are sitting down, that should be quite easily managed.

I don’t really see the problem of a break at 9 if you’re only starting at 3.30? It’s only 5.5 hours of work until your break.

These rest breaks should:

be planned in advance
taken during the working day, not at the start or end of the day

Further down it says:

In rare circumstances, someone might have to take their break in a different way. This could be if something happens at work that's unexpected and outside of the employer's control, for example an accident or emergency.

In this situation the right to rest stays the same, so they should still find a way to rest but this could be in a different way. For example, they could still have their 20-minute break but take it later in the day.

How does this work if there is only half an hour left until the end of the shift?

This employer is showing that they don't value their employees.

The start of the OP’s shift is 3:30. They can’t say she must take her break at 3:30. That is the start of her shift.

The end is at 10:30. They can’t say she must take her break at 10:00. That is the end of her shift.

Any other point between those times is absolutely fine as it is during the shift but not at the start or end.