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Break entitlement on a 4hr 45min shift

17 replies

altes · 08/02/2023 22:26

I work in care, short shifts but still hard work. I'm expected to be in for handover at 7.15am and I do not get paid for this 15min handover. I then get paid from 7.30am until 12pm (4.5hrs). Im told that I'm not entitled to a break. Is this legally correct?

OP posts:
JustAGirlInACountrySong · 08/02/2023 22:27

6 hours or over at my job

FatAgainItsLettuceTime · 08/02/2023 22:28

www.gov.uk/rest-breaks-work

"Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The break doesn’t have to be paid - it depends on their employment contract."

Treeeeeeee · 08/02/2023 22:28

Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day

Overthebow · 08/02/2023 22:28

Yes it’s correct, it’s only a requirement for shifts of 6 or more hours.

Kendodd · 08/02/2023 22:29

I believe it's over six hours and you need a break.
You should be paid for the 15 minute handover though.

LIZS · 08/02/2023 22:29

Only legally entitled to a 20 minute break after six hours. You should be paid for handover though.

Workinghardeveryday · 08/02/2023 22:29

I am pt, officially work 6 hours, realistically 8 without a break

mummymummymummummum · 08/02/2023 22:30

www.gov.uk/rest-breaks-work

No, you're not entitled to a break. Unless you're contract states otherwise.

You should get either 24h a week or 48h per fortnight clear of shifts though.

Assuming you're UK based

whatthebejesus · 08/02/2023 22:30

This is correct however you should be paid for all time worked so if your employer requires you to be in at 7:15 then you need to put that on your time sheet and get them to pay you.

IWonderWhyIBother · 08/02/2023 22:32

6 hours at my work. If you want a break you would have to start earlier or finish later to allow time for a break. So in work for 5 hours and then take a 15 minute tea break if your boss allows.

TroublesomeLuck · 08/02/2023 22:32

Well you need to be paid NMW for all the time you work... so yes if your rate of pay is at NMW you should be paid for that handover time. If your rate of pay is more than that, so long as it works out that over the whole period you do get NMW, they don't need to pay you for it.

YerAWizardHarry · 08/02/2023 22:35

It’s OVER six hours, not even six hours exactly. So if you worked 6hrs and 15mins you’d be entitled..

underneaththeash · 08/02/2023 22:39

That’s correct, but you do not need to come in 15 minutes early if they’re not paying you.

mummymummymummummum · 08/02/2023 22:44

YerAWizardHarry · 08/02/2023 22:35

It’s OVER six hours, not even six hours exactly. So if you worked 6hrs and 15mins you’d be entitled..

Good point. I'm working 5h55 days for no good reason 🤣

altes · 08/02/2023 22:47

Apparently many care homes don't pay staff for handover.

OP posts:
TroublesomeLuck · 08/02/2023 22:49

And many care homes will be breaching the NMW rules
As I said it all depends what your rate of pay is though. You need to receive at least the NMW for the whole time you are working including handover time.

MissMaple82 · 08/02/2023 23:03

altes · 08/02/2023 22:47

Apparently many care homes don't pay staff for handover.

Tot up all them 15 minutes for each year of work!! They don't sound like a good company. I'd be refusing to start until 7.30 unless paid

I used to work 4 hours a day when my son was a baby. The company I worked for allowed me a 15 minutes break in-between.

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