rest breaks?

[juneybean]

Can you force someone to take an unpaid rest break?

For example 30 mins for lunch plus 2 x 15 min breaks. Therefore taking an hour pay off them?

Thanks in advance!

I think you used to but I believe the law has now changed so a rest break is advised as good practice but not mandatory, although I guess it depends on how your employer interprets the law.

Yes you can, if it is their contract. Not easily if you suddenly implement it (sorry, in a hurry)

It would be unusual for rest breaks to be paid, so that's perfectly normal. Employees are entitled to rest breaks and the employer should ensure they are taken.

The problem comes if in the course of enforcing rest breaks an employer decreases the contractual hours of employees and reduces their pay, both things that can't just be imposed.

Most contracts will take into account unpaid rest breaks. For example employees who work 9-5.30 5 days a week will usually have contracted hours of 37.5 hours a week, which takes into account one hour unpaid time each day, as a lunch break.

They want to make us have 30 minutes for lunch and 2 x 15 minutes morning and afternoon unpaid. It wouldn't affect anyones contracted hours as we're all working above this.

Also if my contracted hours are 25 but I've been working 35 for x amount of time, can they suddenly reduce me back to 25?

Sorry thank you for your replies also

If no one's hours need to be adjusted then presumably one hour unpaid time during the working day is already taken into account, so the only difference is the employer enforcing when and how it's taken. Is it that people would prefer their hour to be structured differently, and taken in one go or something?

In terms of reducing your hours, if you've been consistently working 35 hours for a long time, those will be your contracted hours regardless of whether you've ever had a letter saying so. So no they wouldn't be able to just reduce them back. How long have you been doing 35 hours?

Well I'm asking on behalf of a colleague, she's been working them for about 5 months now.

We currently only get 30 minutes for lunch, but they want to give us another 30 minutes unpaid but only as 15 minute breaks.

I.e. if we work 7.30am - 5pm they'll only pay us for 8.5 instead of 9 hours

That would be reducing your contracted hours then, from 9 a day to 8.5 a day, which you can refuse to consent to.

If your colleague has been doing those hours consistently for 5 months I'd suggest she argues that those are now her established hours and that they require her consent to change them.

Thanks for your help, I will let her know !

My daughter who is 23 works 2pm-8pm in a local store.
It's 6 hours, so she is not entitled to a rest break which is fine as she would rather do the stretch and be home by 8.15 pm
However, her boss wants to change the hours from 2 pm to 8.30 pm (= 6 1/2 hour shift) and enforce a 1/2 hour break during the shift.
Which means she would still be paid for 6 hours but would be home 1/2 hour later at night, which she resents.
Can she be obliged to take a break, thus wasting 1/2 hour of her day?

If you work six hours+ you have to be given a break. That is the law.

However if she wants to have a local agreement with the manager that she works through the break and goes half an hour early that could be the way to go.

if you work more than 4 hours you are entitled to a 15 minute break.

cat64 is right. The law says a 20 minute break if you work more than 6 hours, not 6 hours or more.

So Marilyn's daughter isn't entitled to a break by law, as she said.

Extending the shift would essentially be a change to terms and conditions. What does your daughter's contract say Marilyn, and do you know for what reason the boss wants to change the hours?

Thanks to all who responded.
All I wanted to know was:
"Can she be obliged to take a break, thus wasting 1/2 hour of her day?"
Is there a law which allows a UK employer to force staff (in a store) to take unpaid rest breaks if they don't work more than 6 hours? If so, which law is it?

TIA
Marilyn.

See my earlier post. She doesn't have to be given a break, so extending her hours to accommodate one would be a change to terms and conditions.

Whether he can make this change depends on the answers to my questions. If you'd like to answer them I will try to help you.