Rest break

[domcarlin]

Hello

My wife is returning to work post furlough on reduced hours. She will be doing 2 x 6 hour days. The HR department of her employer is insisting she take a 30 minute unpaid break each day, but we would prefer not to be forced to take this as it has implications for school pick-up. They say they are aware of the WTR 1998 but that the break is needed as the job requires "creative thinking". Sounds like BS to me.

We have looked at the Working Time Regulations 1998 but it does not cover this scenario as far as we can see. It only mentions entitlement to a 20 minute break if you work more than 6hrs per day.

My wife will be working exactly 6 hours so legally there is no obligation on the provider to offer a break. So the question is : if you work less than 6 hrs a day can an employer insist an employee has an unpaid break?

There is nothing in her contract about this.

Does anyone have any advice on how to proceed?

[ULA]

The WTR 1998 Section 12 clearly state that If an adult worker, works more than 6 hours then they are entitled to an uninterrupted break of "not less than 20 minutes". So if she is working for only 6 hours then this section does not apply.

However the requirement for an individual to take a break for working less than 6 hours may be governed by your wife's contract, which you say does not apply in this case or any applicable collective agreement that may be in place in the company. However can i just ask whether the company has provided your wife with a new contract reflecting the changes to her working hours?

I think that your wife should set out a well reasoned email explaining the situation regarding school pick up, the fact that under the WRT 1998 a break is not required until she has worked more than 6 hours, which she will not be doing. Also if there really is nothing in her contract (see note above about a new contract) or no collective agreement covering breaks for hours worked of 6 or less this needs to be pointed out as well. Alternatively she may decide it would be better to have a meeting with the relevant person to put these points.

What she needs is not to be confrontational about the situation.