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Is this legal??

13 replies

Chapsmum · 17/03/2006 08:48

I work 12 and a half hour shifts, we really do 7.30am to 8 pm, but usually are relieved between half seven and depending on the number of emergency cases we have.

My boss has decided to cut our break time to20 mins in the morning and 30 mins in the afternoon. I am reallly struggling with it and seem to be starving and craving tea all day!

Is this legal, I have quite a demanding job FWIW!

TIA

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Carmenere · 17/03/2006 08:52

AFAIK if you work 8 hours you are entitled to 30 mins lunch and 2 10 minute tea breaks. It would seem logical that if you are working an extra 4.5 hours that you should have at least 1 more break. Try the union?

PandaBear · 17/03/2006 08:55

My DH does 12 hour shifts for a global corporation. They give them the minimum entitlement for breaks: 15 mins tea break in the morning, 30 mins for lunch, and 15 mins tea break in the afternooon. That is your entitlement as far as I'm aware, go fight for your rights!!!

Chapsmum · 17/03/2006 08:58

Thanks, it would seem logical, we are the first people who will cut tea breaks short if dept is busy, but if the place is quite youthink our employer would show his appreciation of the work we do!
have sent the union an e-mail.

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mummy2jake · 17/03/2006 08:58

i work for greggs and when we work 8hrs+ we get 10 mins break in the morning then 1hr lunch break then another 10min break mid afternoon.

Chapsmum · 17/03/2006 08:58

thanks panda bear! must have a cup of tea first!

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Chapsmum · 17/03/2006 08:59

I'll give you two guesses who I work for mummy2jake!

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Freckle · 17/03/2006 09:04

Also, it is illegal for an employer to change an employee's terms and conditions unilaterally. If you haven't agreed to the reduction, they can't force you. If they do, they are in breach of contract and you would have a case to take to an industrial tribunal.

Chapsmum · 17/03/2006 09:06

that is great info freckle, thanks for that. will speak to my boss and see if I can make him see sence! I know its only an extra 10 mins but it is the difference between a grumpy chapsmum and a nice chapsmum and I'm so muhc better when I'm not grumpy!

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Uwila · 17/03/2006 09:38

Freckle, is that still true if the terms of break-time are not laid out in the contract? Just wondering.

This does not seem a lot of break time to me.

Freckle · 17/03/2006 10:07

If there is nothing specific in the contract, then a tribunal would consider past practice, i.e. what has happened over a reasonable period of time. Also, don't forget that employees have a range of statutory rights which might not actually be written down, but an employer cannot deny those rights.

clerkKent · 18/03/2006 20:52

The Working Time Directive covers rest breaks at work. See \link{http://www.dti.gov.uk/er/work_time_regs/wtr6.htm#section6\DTI Guidance}. This document offers advice if you are not getting what you are entitled to.

What are your current breaks?

Chapsmum · 18/03/2006 21:31

CK I work 12 and a half hours and get 20 mins for breakfast and 30 mins for lunch. Thanks for the link

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Chapsmum · 18/03/2006 21:32

ahh I am excluded...

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