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Posted By Robert_N
Hi All,
If a contact states "You are required to work 40 hrs each week,exclusive of meal breaks" is the law being broken is the person works 8 hours and take there break at the end of their shift?
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Rank: Guest
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Posted By MT
This page might help: http://direct.gov.uk/en/...rsAndTimeOff/DG_10029451
Specifically this piece of advice:
Rest breaks - a break during your working day
If you are an adult worker (that is, over 18), you will normally have the right to a 20 minute rest break if you are expected to work for more than six hours at a stretch.
A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.
The requirements are:
the break must be in one block
it cannot be taken off one end of the working day - it must be somewhere in the middle
you are allowed to spend it away from the place on your employer's premises where you work
your employer can say when the break must be taken, as long as it meets these conditions
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Rank: Guest
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Posted By andy.c.
Robert,
I would never advocate working 8 hours without a break, and the above post is correct in its detail however the Department for Business,Enterprise and Regulatory Reform (BERR) list as one of the working time regulation exceptions as,
"Agreements between employers and workers for breaks to be taken later"
I know this will muddy the waters but interpretation of this exception (i can't find any guidance as yet) may have a bearing on your question of legality
I do not know if you are the employer or employee but the fact your asking the question tends to imply "no agreement has been made." therefore
the employer can not ask you to take your breaks at the end of the working day.
If the employee has asked for this then the request has probably been refused on the grounds of protecting your Health, Safety and Welfare (which i (imo)would agree with)
Andy
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