Break during overtime

[matt3942]

Hello all,

This is the first time I've had to elicit advice.

A friend of mine works part time for the civil service - 4 days per week. They have the option to work overtime on the weekend - Saturday and Sunday. However, they have been told they are not entitled to take a break during overtime until they have done the same hours as a full-time employee, which means they have to work 8-hours on the Saturday without a break.

Is this correct? I would have thought they would be entitled to at least a 20-minute break under the WTR?

- Matt

[judgemental24]

Re: Break during overtime

No it is not correct

You are entitled to a minimum 20 minute break if working six hours or more

Any more after six hours is done on individual risk assessments on the type of work you do

Machine operator as an example will need more breaks than a pen pusher

Overtime is in excess of your contracted hours

[matt3942]

Re: Break during overtime

That was my understanding and my argument; however, the civil service, being the font of knowledge that it is, does not agree.

[judgemental24]

Re: Break during overtime

Then you hit them with a Grievance under the Working Time Regulation and section 13 ERA unlawful deduction of wages for that statutory minimum break entitlement

[matt3942]

Re: Break during overtime

I don't think it qualifies as an unlawful deduction from wages claim - they get paid for the full day. Perhaps I didn't make that clear in my original post.

- Matt

[judgemental24]

Re: Break during overtime

They may get a paid breaks, but if they are being forced to work it, so by deduction that is unlawful deduction of wages contrary to the WTR minimum entitlement

[leclerc]

Re: Break during overtime

Matt, if the employer is stating that if you are working a shift lasting more than 6 hours that you are not entitled to a break then it is a breach of the working time directive which is in place which covers the working day. They may not have to pay for the break but they cannot state that you are not allowed to take that break.

Here is the legislation so you will need to look at the exclusions to see if that is part and parcel of it but I don't think it is in my honest opinion.

http://www.legislation.gov.uk/uksi/1.../contents/made

[stevemLS]

Re: Break during overtime

I think it is just asserting your right to a break, I can't see any convoluted logic that makes it an unlawful deduction from wages which is, in my view, in any event not necessary.

[matt3942]

Re: Break during overtime

Thanks [MENTION=8640]leclerc[/MENTION] and [MENTION=48758]stevemLS[/MENTION] - I thought that was the case but I wanted to be 100% sure.

- Matt