Can anyone help re break entitlement?

[louloulouise]

I've done a search but it didn't throw much much relevant stuff.

I work 20 hrs a week over 5 days since I went permanent in aug 06 and I have always had a 10 minute break during my 4 hr shift - labeled as a DSE break (display screen equipment), I work in a call centre and am sat in front of my computer on the phone for pretty much the entire shift.

My team leader came to me to advise a possible problem has come up - a colleague has also just started doing 1 day a week on a 4 hr shift and when given her break time said she didn't normally have one on this length of shift. So cue team leader ringing HR who advised no, technically we should do the shift without the break.

Now, she's not taking this away from me at the moment but because it's been brought to light it will have to be discuss with the other managers.

Do I have any rights here or if they say I can't have this break will I just have to accept it?

Any ideas or should I be joining a union asap? lol.

Hi - the DirectGov site link here says that you are entitled to breaks from working at a VDU, though not specifically a rest break.

So, if you can't do your job without looking at the screen, then you would have to be given breaks. But if there are parts of your job that don't need you to be looking at the screen, then they should be arranging your work so that you do those things to rest your eyes.

HTH

HR may be confusing your legal right to an (unpaid) 20 minute break for every 6 hours worked under the Working Time Regulations with the break you are currently receiving. I am not a health and safety expert but your current breaks appear to be under guidelines that those who work with computer screens should take a 10 minute break every hour. If they say you can't have the break, you could ask them what you should do for the ten minutes every hour that you are supposed to take a break from looking at the computer screen.

You are not entitled to a rest break during a 4 hour shift, no. You would be entitled to a 20 minute break during a 6 hour shift but not for 4 hours.

In terms of looking at your screen, obviously your employer has an obligation to look after your health and safety and part of that is ensuring that good practice is followed for staff using DSE. Literally staring at the screen for the full 4 hours wouldn't be great health and safety but you don't actually need a formal 10 min rest break to ensure your eyes get a rest from the screen. Can you go to the toilet or walk round the office or anything during your shift? Anything that varies your activities a bit and gives your eyes a break is good.

Having said all that, if you've always had a formal complete break from work during your shift, then even if it's not actually in your contract or anything, then I would say that is part of your terms and conditions and as such can't be changed that easily at least not without your consent.

See here, here, here and here

Thanks for the link have saved it and will email it to my work addy. They were very clear when they first labeled these 10 min breaks as 'DSE' breaks that if there was non-computer based work to be done then they could 'in theory' ask us to do those tasks in that time - but after a week or so of trying to find things for us to do during these breaks they realised that there wasn't anything to be done and we haven't been asked since. Occasionally there will be photocopying or post to be done but generally the apprentice is so bored it's already been taken care of.

I feel they've set a bit of a precedent by allowing me these DSE breaks for the last 3yrs, I know that doesn't mean they can't change them but I'm hoping they either leave it or look into it properly.