Employment Law

[thalbergmad]

I am after some advice if there is anyone here with knowledge of UK Employment Law.

I have worked for my current employers for nearly 3 years and work a 42.5 hour week 8.30am to 5pm.

It has got very busy lately and i have been coming home completely exhausted. The problem is, I am not allowed any form of break. Whilst i am allowed to eat lunch at my desk, this is hardly a break because i still have to answer the phones or take in deliveries.

My work is 95% computer based and it is giving me constant headaches.

I have asked for a small paid break "away from the building", but i just get the impression this will not be agreed.

Do i have any rights as far as this is concerned??

Please help a poor stressed out Thalbergmad.

Thanks

[Kassaa]

I found two links.

https://www.employment-solicitors.co.uk/jobmagic/DisplayContent.asp?num=7&view=1

Here it says you have the right on a 20 minutes break if your working day is longer than six hours, which it obviously is.

And, just to make sure: https://www.employment-solicitors.co.uk/Stress-in-the-Workplace.htm .

[johnny-boy]

Not sure about the UK. Here in the USA (PA) there's a State Law requiring employers to give a half hour break after 5 hours of work.  If they don’t comply, a simple phone call to the “Labor Control Board” will straighten their asses out quickly.

I think your company is totally unreasonable. Anyone working at a computer should have regular breaks periodically (ideally 10-15 minutes every couple hours).

The company should realize their employees would be more efficient with regular breaks. I hope your employer wises up soon.

Best, John

[prometheus]

In my country we are forced to take breaks. I once worked for a company were I was in the same office with another guy and we used to eat our lunch at our desks while just continueing what we were doing.

But we were told we were not allowed to do that. Otherwise they employed might get fined if those people that check employment conditions  found out.

[pianolearner]

thalbergmad, you need to find out whether you have a paid or unpaid meal break. As far as I know, if you have an unpaid meal break you are allowed to leave the premesis, otherwise you must remain on site.


This is Part of EU legislation

https://www.incomesdata.co.uk/information/worktimedirective.htm#Article3

Article 4 - Breaks
Member States shall take the measures necessary to ensure that, where the working day is longer than six hours, every worker is entitled to a rest break, the details of which, including duration and the terms of which it is granted, shall be laid down in collective agreements or agreements between the two sides of industry or, failing that, by national legislation.


https://www.opsi.gov.uk/si/si1998/19981833.htm#10

Rest breaks
     12.  - (1) Where an adult worker's daily working time is more than six hours, he is entitled to a rest break.

    (2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

    (3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

    (4) Where a young worker's daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.

    (5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.

[thalbergmad]

Thank you for your replies my internet friends.

It appears they have to offer me 20mins. I guess if i insisted on leaving the building they could deduct it from my wages, but not if i stay in. Even so, the law states that it has to be uninterrupted and away from the workstation.

From what i read, they may be breaking the law which i guess i could use to my advantage if they got silly.

I did not think there was anything I could do, but i am pleased there is.

Incidentally, it was only today that i actually got a contract.

Thanks once again.

Thalxx

[gruffalo]

i dont think you can get very far away in 20 minutes anyhow. In your current situation are you allowed to eat away from your desk if you are still in the building?

[thalbergmad]

i dont think you can get very far away in 20 minutes anyhow. In your current situation are you allowed to eat away from your desk if you are still in the building?

Probably, but i would still be expected to answer the phone and work.

[gruffalo]

that aint right. you shouldnt be expected to work without a break, paid or unpaid.

[ahinton]

I am pleased that so many people have endeavoured to come to your aid with constructive information, guidelines and other useful pointers. Whilst the particular help that you sought, need and are obviously getting is of necessity legally based, what never ceases to astonish me is how employers are so often so short-sighted as to be unable to perceive the compromise in value for their money that they derive from employees when and because they are either forced, coerced or otherwise made to feel somehow obliged to overdo the hours without breaks - or sufficient breaks. It's a similar thing to the absurd resistance among employers to the idea of running their businesses on a 24/7 basis where the inflow and outflow of employees would thereby be made so much easier and less stressful as a consequence of their not having to suffer the aggravating vagaries of the so-called "rush hour". I admit that I have never been either an employer or an employee, but the sensible and respectful treatment of conscientious employees is, without question, a very effective route to good business profitability. We all need to stand aside from what we are doing at certain times in order for the energy that goes into it to be properly refreshed; that fact applies equally to an habitually self-employed person such as I am as it does to an employee.

Good luck with getting things right with your employment situation!

Best,

Alistair

[thalbergmad]

Thanks Alistair.

Today I got a rather curt letter advising me about the importance of flexibility and the fact that i once went home 15 minutes early to go to the Doctors. My employer was saddened that i asked for confirmation of breaks to be entered into my contract.

I was given a new "revised" contract that amazingly was exactly the same as the previous one and had no mention of allowed breaks.

It is clear from what i have read they are in breach of legislation and i am sure that they are not even aware of this.

I will be lodging a grievance which they have to respond to.

Thanks everyone for your help.

Thal

[pianistimo]

time to look for a new job.  in the usa the companies policies vary widely.  merck is most generous and even allows paid DAYS off.  sick days and a certain number of personal.  they have some hard working people and committed to the company. 

thal, you sound smart enough that they'd recognize the loss if you sent a letter (when you find another job) saying that you are looking elsewhere and will be leaving within the prescribed notice time.

[prometheus]

What about the labor unions, or didn't any of them survive Thatcher's iron fist?

[thalbergmad]

What about the labor unions, or didn't any of them survive Thatcher's iron fist?

They did survive, but with much depleted power.

[gruffalo]

time to look for a new job.  in the usa the companies policies vary widely.  merck is most generous and even allows paid DAYS off.  sick days and a certain number of personal.  they have some hard working people and committed to the company. 

thal, you sound smart enough that they'd recognize the loss if you sent a letter (when you find another job) saying that you are looking elsewhere and will be leaving within the prescribed notice time.

find a job first, then leave.