Employee breaks

[sellickbhoy]

Hi

I'm looking to start a full time employee next week and was wondering about rest break entitlement.

The guidelines don't seem very complete!

this is what I understand

• An employee is entitled to a rest break where the working day is more than six hours.
• The rest break should be a minimum of one uninterrupted period of 20 minutes.
• During the rest break, an employee is entitled to leave their work station.
• The rest break cannot be at the end of the shift.

Ok, fair enough - but what if they are doing an 8 or 9 hour shift?

I assume the break is paid - or can it be unpaid?

I'm basically looking at bringing in someone for 35 hours a week

I was planning around a 8.30 to 12.30 morning shift - lunch of 30-45 minutes - then a 1/1.15pm - 5/5.15pm stint in the afternoon - Mon to Thurs

then a friday would be 9-12

that looks to me like it would be in the rules - but do I have to pay their lunch break?

We work out in the country, and whilst they are allowed to leave their workplace at lunch - they would only be able to get home and would have to come straight back, so they'll kinda have to have lunch here - but there is a staff room with a TV, radio, playstation and there is a park across the road they can use when it's not bloody snowing!!!!

 

[skyhi2]

Hi

I'm looking to start a full time employee next week and was wondering about rest break entitlement.

The guidelines don't seem very complete!

this is what I understand

• An employee is entitled to a rest break where the working day is more than six hours.
• The rest break should be a minimum of one uninterrupted period of 20 minutes.
• During the rest break, an employee is entitled to leave their work station.
• The rest break cannot be at the end of the shift.

Ok, fair enough - but what if they are doing an 8 or 9 hour shift?

I assume the break is paid - or can it be unpaid?

I'm basically looking at bringing in someone for 35 hours a week

I was planning around a 8.30 to 12.30 morning shift - lunch of 30-45 minutes - then a 1/1.15pm - 5/5.15pm stint in the afternoon - Mon to Thurs

then a friday would be 9-12

that looks to me like it would be in the rules - but do I have to pay their lunch break?

We work out in the country, and whilst they are allowed to leave their workplace at lunch - they would only be able to get home and would have to come straight back, so they'll kinda have to have lunch here - but there is a staff room with a TV, radio, playstation and there is a park across the road they can use when it's not bloody snowing!!!!

Not sure about the rules and regs sellickbhoy,but hey,with them kinda facilities where do i sign up

It`s great to see you are doing so well,and now taking on extra staff

Onwards and upwards.

Skyhi2.

 

[sellickbhoy]

Not sure about the rules and regs sellickbhoy,but hey,with them kinda facilities where do i sign up

It`s great to see you are doing so well,and now taking on extra staff

Onwards and upwards.

Skyhi2.

there is actually a gym and a sauna onsite too!!!

 

[Employment Law Clinic]

Ok, fair enough - but what if they are doing an 8 or 9 hour shift?

I assume the break is paid - or can it be unpaid?

I'm basically looking at bringing in someone for 35 hours a week

I was planning around a 8.30 to 12.30 morning shift - lunch of 30-45 minutes - then a 1/1.15pm - 5/5.15pm stint in the afternoon - Mon to Thurs

then a friday would be 9-12

that looks to me like it would be in the rules - but do I have to pay their lunch break?

Hi Sellickbhoy,

The proposed work patterns & breaks you mention are within the rules, no problems there.

As for whether these should be paid, you’re quite right that the guidance available on this doesn’t seem complete! I’ve looked at both Business Link & Direct.gov in the hope one or the other would give useful & clear advice, but no, for that you need to visit UKBF.

The answer is no, the rest (lunch) break does not have to be paid.

In order to find the answer to your question, rather than legislation (or even guidance) that tells you this, you need to look for the lack of legislation/guidance. These rest breaks are provided for by Section 12 of the Working Time Regulations (WTR). To ensure things aren’t too clear, S.13 of the WTR then provides for annual leave, but as with rest breaks makes no mention of any payments due for this.... If you continue to S.16 of the WTR, there you’ll find that a worker is entitled to be paid for annual leave, but no such clause exists for rest breaks. Therefore, these don’t have to be paid, it’s entirely discretionary of the employer & the contract issued.

On the subject of contracts, you’ll need to issue this within two months of the employee starting. Business Link is more helpful for these, as they provide a basic contract online (just answer a few questions, tick a few boxes, write some basic details, etc. (will maybe take an hour if you know what you’re doing), but again you may find UKBF more helpful...



Karl Limpert

 

[sellickbhoy]

i'm really quite shocked/surprised that the guidelines aren't clearer. anyway, thanks for that

I'll get onto business link to get their contract downloaded - as i was just gonna type up a few very basic lines to cover it!!!

 

[MASSEY]

Give them a 10-15 minute break at about 10am but pay them ,

then give them half hour lunch but dont pay them :redface:

I think thats the way most business's operate for the hours you gave.

 

[Employment Law Clinic]

i'm really quite shocked/surprised that the guidelines aren't clearer. anyway, thanks for that

I'll get onto business link to get their contract downloaded - as i was just gonna type up a few very basic lines to cover it!!!

If you expect a few basic lines, you might be disappointed. The minimum that a contract has to include - the Statement of Particulars - is actually quite a bit: http://employmentlawclinic.com/contracts-of-employment/statement-of-particulars/

The Business Link contracts can be found at: http://online.businesslink.gov.uk/b...87&r.lc=en&r.l2=1074428798&topicId=1075225309. You complete the details online, and then download the final contract.



Karl Limpert

 

[sellickbhoy]

thanks again Karl, you are a star!!