Taking a Break at Work: What Are Your Rights?

tomo 05/10/2021 at 10:22 am

I have an unpaid lunch break
Can my employer make we work through my break

Suvarna 14/07/2021 at 5:13 pm

Can the employer send people for a rest break after three hours from the start /at 1am/ of the night shift 10pm-6am?

Jack 08/06/2021 at 4:19 pm

I worked from 2 until 11:30 without a break as there was so much to do and no one to cover me. Can I press charges on work for not giving me a break ?

Gab 08/04/2021 at 11:17 pm

I am a childcare worker I work 630 to 330. My boss told me I had to go on break a 9:00 and that's the only break I get after that could they do that?

Egle Baker 23/11/2020 at 2:17 am

My manager saying that I can’t split my half hour break in 3x 10 min can she do that ?

Samantha 20/11/2020 at 1:25 pm

Hi I work in a small cafe inside the post office. I work on my feet all day 9-4pm. I have to come in at 8.30am to prep food for the day ahead although not paid for coming in to do this. I don’t get any breaks as I’m lone working and my manager just told me to eat something when the store is quiet but the shops never quiet enough for 5 mins to eat something. Is that illegal? Can my manager expect me to work without a proper break to sit down and eat something?

Adem 13/11/2020 at 3:06 pm

I work 6-10 hours, during my 10 hour shift I get 2, 10minutes break and 1 20minutes lunch break, is this normal?

Lottie 29/10/2020 at 12:39 am

Hi. My employer is saying I must "start work" 30mins before my rota start time. Is this legal? I am a field based worker and my contact states my home address as my place of work. Thanks

Polly 07/10/2020 at 7:34 pm

I start a 9 and a half HR shift at 7.30 and at 7.30 I was told to go for my tea break is this legal ? I work on a production line , I am now under a new boss, my old boss never ever did this

Liz 26/02/2020 at 6:16 pm

I work in Ohio in an office and am a salaried employee we are given an hour unpaid lunch break for our 8-5 shift. We have office doors and my Mgr tried to tell me that I can’t take a nap during my lunch hour? Is this right? If it’s unpaid and my hour it’s my right to do what I want as long as it’s not illegal correct?

gioia 21/02/2020 at 2:41 am

Hi everyone! I would need an information. I am employed as Casual in a restaurant (FOH). Is my manager allowed to give me "compulsory" break before the 5 hours? I mean, can I refuse a break after the first 2 or 3 hours of the shift?

Kajbw 30/12/2019 at 10:45 pm

I work in construction as a labourer. I cycle 9 miles to work each day. Was asked to start at 7am to do a 10 hour shift, seemed like good idea. After being told no time at 10am 1st break I waited till 1:30pm then was told Ive not got time for a break today. My agency told me to try stick the day out. I walked out and spent Xmas without food. It might be against the law but I fail to see any kind of help

Lamoore 21/12/2019 at 12:11 pm

My mother is in an EMI home which has 22 residents. The senior left the building for her 20 minute break leaving 2 care staff on duty. Is this legal?

Shari 20/11/2019 at 6:29 pm

I work part time in a large retail store standing on my feet
I was under the impression that part time shifts were between 4-6 hrs ,
6 hr shifts require 1/2 hr unpaid breaks
I have been given 8 hr shifts which I’ve never had in a part time position ( I have worked for this company and others where this has been the case )
I will need to cut my days of work in order to accommodate an 8 hr shift on other days as i cannot work all these hours
I cannot physically ( or mentally ) stand in one pace for all these hours as I have had a knee replacement in 2017
I also verbally stated that I expected 20 hrs or less and they are giving me up to 24
What are my rights

Surfo 23/10/2019 at 6:09 am

Hi I work in a care home I get paid for my breaks but my manager as said we are not allowed our mobiles even on our breaks is this right?

Patsy 18/10/2019 at 11:56 pm

I work from midnight to 0900 and we are forced to go on break 2 hours into the shift we do get an hour but is this legal?

Col 23/09/2019 at 6:57 pm

If I work 9 hours a day in front of a computer at what point do I legally have to take a break is it 5 hours into my shift or 6 hours?

Rits 18/09/2019 at 3:32 pm

At work staff are only entitle to15 minutes break during a 6 hour shift with the company discretion

Mr.P 13/09/2019 at 12:05 am

I work as a car delivery / collection driver. My company has said I have to take my unpaid 30 minute dinner break when I am being driven to / from a job by another driver. I have asked to have a break away from my work station (passenger seat in a moving vehicle) so I can eat and drink without fear of spilling. They say that due to the nature of the work it is best I comply ! If I am constantly driving (pool car driver) I end up having to take my dinner break at the end of my 8 hour shift. I do not think this is legal.

Krystle Winfield 17/08/2019 at 5:58 am

Is it illegal to be forced to work on your unpaid break??

Hulk 25/07/2019 at 12:59 am

I drive two hours to my place of work I arrive about 8am I then work until 5 I then drive another two hours to get home I am self employed what are my rights ?

Mr c 16/07/2019 at 7:47 pm

I'm self-employed I do 15 hours night shifts in security 4 on 4 off I only get paid for 14 hours has he takes an hour off for my dinner I am not allowed to leave site and I still have to be on duty when I'm having my dinner which I don't get paid for is this legal

Craigo 12/07/2019 at 1:18 pm

Hi am interested to know during what time I should be sent on a break. To my understanding it should be roughly half way through your shift to break the day apart. However I often get given a 9am-7pm shift and have been asked to go on my only break which is half hour unpaid by 10:30am, 11am etc. Is this legal? Am I allowed to refused to take a break after 2 hours on a 10 hour shift?

Kind regards,
Craig

Steve 11/07/2019 at 8:17 am

I work in a betting shop and mostly have to work alone due to the company not wanting to employ people. Most of my shifts involve me coming in at 2pm till 10 and I'm having to to take my break at 3:30 otherwise I lose out. Is this allowed as it's really frustrating as I'm having to force dinner down me when I'm not hungry just so that I eat.

Bluebell15 24/06/2019 at 9:38 am

Hello just wonder I went to doctor at nine clock and finish at 9.40 got to work at 9.50 so I own hour and 50 min I work though break time for 15 main no break I own back time and 35 min after work so that allow to work time back through break time it me own them let me know thank

Sukaer 20/06/2019 at 9:02 pm

On a 9 and a half hour shift I get a one hour unpaid break. In which I normally watch Netflix (which I pay for) on my phone (again bought by myself) using my 4g data (again paid for by me). However now the company is saying I am not allowed to do this and are threatening with disciplinary action with dismissal. They say its breaching the public viewing laws since I'm using their free wifi (I dont as it's about 2mb) and their electricity to charge my phone (again i dont as i charge my phone at home before i go to work and then in the car on the way home. Can they do this?

Just as I said I use only my own things paid for by myself. To put it in another light. I could literally walk out of the building and walk five steps sit on the bench in front of it where at any give point there are at least 30 people walking passed (busy high street) sign in to the wifi and watch it there. (I dont as stated previously their wifi is garbage). Or walk out the back to my car plug my charger into it and sign in to their wifi and watch it in my car (again I dont sign in to their wifi as it's really bad to the point Facebook fails to load)

What rights do I have in this situation?

Cantona 14/06/2019 at 4:32 pm

I work for a haulage company doing gate house security. I work 4 on and 4 off (12 hour shifts). I have worked for this company for 10. Years and have not had an uninterrupted for any of these years. I have to take my break doing my job. The the company pays me 42 hours per week. Am I entitled to my breaks by law. David. Thanks

Ste 12/06/2019 at 1:54 pm

My employer only goves one 30 minute break in a 9 hour shift at 1pm. If we are busy with a customer or the like and not on our break by 1pm he takes the time off us saying we have donated time to the company by finishing the task at hand. Is this legal?

betsy 02/06/2019 at 4:31 am

Hi my son who is 17 works in a well known sandwich chain. Yesterday his shift was 10-4.00pm but he worked 9.40-4.15pm as they wouldn't let him go. He kept asking for a break all day but the manager kept saying keep serving the customers. He can home starving, thirsty and knackered. Is that ok and what can we do about it?

Panda 13/04/2019 at 12:45 pm

Tomorrow (Sunday) I am working from 8.30 until 23.30 which is 15 hours. I am a home care worker. I have no scheduled break as the calls follow on from each other throughout the shift with only travel time (driving) between them.

Stuart 04/04/2019 at 10:02 am

I work for a care company we normally work 3 shifts in a row including night shift on average around 37 hours with no brake is this legal or can my employer get away without giving there staff brakes because we work in care

Shaun 19/03/2019 at 1:01 pm

If I do 9-5 on Saturday at work I normally get two 15 minutes paid breaks. I did 9-5 on a Saturday as overtime and had 2 15 minute breaks scheduled. I took them. My pay department say that when you work overtime, no breaks are paid. I’ve never known this since I started working 17 years ago. Is this correct?

Jules 13/03/2019 at 8:58 am

I work an 8hr shift & have always taken 4x5mins break, I have been informed that i now have to take 1x20mins break. Can my manager do this & if so am I entitled to any notice of change?

Jules 13/03/2019 at 8:51 am

I work an 8hr shift & have always taken 4x5mins break if convenient. I have now been informed I have to take a full 20mins break. Can my manager do this & if so am I entitled to any notice of change?

Coops1081 15/01/2019 at 12:04 pm

Good morning

I have worked for my employer for 9 years as a salaried manager. In that time I have not been given a break. We work 9 hr shifts 5 days a week. This is not just me all salaried managers are not given a break. We can not leave the restaurant at all within our 9 hour shift. Is this allowed

T 13/01/2019 at 5:39 pm

My manager gave me a break 56mins into my 7 hour shift is that illegal . Plus I’m only 16

Bob 07/01/2019 at 2:20 am

I work for a housing association where we have to participate in an on call rota, they have introduced recently, that if you get called out after 00:00am, then you get to start the amount of hours you where out later on the following day.
for example:
get called out at 00:00
get home at 3am
Total time out 3hrs
They then expect you in work and on your first job at 11:00am.
Which is barely only 8hrs rest.
Am I right in thinking this is incorrect as the the working time regulation states you must have 11hour rest in any 24 hr period,
Or is it a different law when it comes to on call basis

KT 31/12/2018 at 9:44 pm

11and half hour shift had been told no break s for anyone today.. Eventually got one.. A 9 hour shift... Got told only allowed 15 minutes asked for half hour.. Was refused and only allowed 15 minutes.. So ended up leaving 15 minutes early.. By mistake.! Thought I was rotated till 6 left 6.15.. Got home looked at my working hours was scheduled 6.30...can my boss have a go at me for leaving early bearing in mind.. I had not been allowed my legal quote of break that day

Me 29/12/2018 at 10:58 am

Boss keeps sending me on 45 min break 1hour and 10 mins into an 8 hour shift. When I tell him I don't need it yet he says tough

m.zaman 26/12/2018 at 1:22 pm

my manager has sent a memo asking that breaks should be taken during shift and not at end as it has been brought to light( although it has been going on for 4 years) it is aimed at me really, and it mentions working time regulation 1998, as to abide by the law I will take the minimum of 20 mins during shift but can I continue to lave the remaining 40 minds and leave early as it has been practiced for 4 years minimum and is only due to schooling pick ups. ive been told I can apply to be flexi worker but feel there is no need as hes forcing this upon me since ive been doing this for 4 years, can it be covered under custom and practice? any help please asssit as I don't feel I should need to file a flexi worker application but should be able to continue under custom and practice by taking a break of 20 mind during shift and so....

No nick name 20/12/2018 at 9:31 pm

My job start at 2pm and finish at 10 30 pm , half hour I take my break, I work 4 days on and 2 days off total I work 5 days a week but my manager pay me only for 37 .5 hours a week .

Bill 18/12/2018 at 7:16 pm

My boss asked me to go on my lunch 45 mins after i started my shift at 9.15 am .. i asked if i could go later as only just started shift and they did let me have my lunch at 12 ..
But then gave me a verbal warning ??
Im so worried and would like advise

Hal 26/11/2018 at 11:11 pm

I work 6 half hrs a day my supervisor says I can have 20 minutes break that's ok..so I take 10 mins half way through with agency workers they only do 4 half hrs and get a 10 minute break...then I have 10 minutes when they finish.ive now been told that that my 20 minutes up so the agency staff gets a free 10 minutes and she takes that from me can someone tell me if that's right

Vict 20/11/2018 at 4:06 pm

I work 8 hours without a break.who do 8 contact to be able to receive a break.

Vict 20/11/2018 at 4:03 pm

I work 8 hours without a break.who do I speak to , to change this and be able to get break

keelie-jo 20/11/2018 at 10:22 am

if i dont get to take my break due to circumstances on shift can they legally take it off me?

JW 09/11/2018 at 5:46 pm

I am 17 at work I only get a 15 minute break on a 5 hour shift is that wrong? Also on a 9 hour shift I only get 30 minutes paid break is that correct?

Smudge 03/11/2018 at 3:48 pm

I work full time in retail. I've been asked to work until 10.15pm and then a 8.30am start the next day. Is this legal?

Kasiura 11/10/2018 at 7:47 am

Hi. I work in factory Shift 4 days work 4 d off 11 hours a day. I have two 30 minutes break. I am asking for information at what times of the day there should be breaks. my manager sends us on a break often at 6.20-6.30 am. I often have the first break at 10.30 am and the second break at 11.30 am. what should be the minimum time between breaks? and whether the manager can send me a break at 6.30 am when I start work at 6 am and finish at 5pm

iwhrt45 07/10/2018 at 10:33 am

I work 5 hours 11am to 4pm, 4 days a week, am I entitled to a break during my day

FedUpFiancee 03/10/2018 at 9:56 pm

My fiance works 8-12 hours and 6 days a week. His only off day is Sunday when the company is closed. He is often wore out and they make him work overtime.

Cye 02/10/2018 at 9:08 pm

I work 7.5 hours a day in a school. When should I be allowed to take a break? Currently we have to work for 5 3/4 hours straight before we are allowed a break, is this legal? I cannot last this time without a drink or visiting the bathroom. Help!

Stratters 30/09/2018 at 9:47 am

Can someone clarify allowance of breaks for working alone on long shifts. I work in a 24 hour petrol station, alone, so cant shut down & take breaks. Does this law cover that too or is it a different thins?

Apes 22/09/2018 at 2:07 pm

I'm under a 3 month probationary period at a care home morning or afternoon s shifts but I'm not entitled to a break till end of my 6-7hour shift is this right? I'm not happy

M 19/09/2018 at 4:34 pm

Can I be sent on a 45mins break after only working 1hour and then sent home for refusing to?.

Scunnered 18/09/2018 at 1:23 pm

I work 15 hours a week. Monday to Friday in one 3 hour shift each day always at the same time 9am - 12 noon. My employer wants to change these times so that I will do shifts of 1 hour at a time at 3 points during the day (9am for 1 hour then 12 noon for 1 hour and then 2 pm for 1 hour) thus absorbing my whole day but for only 3 hours paid per day. This is really inconvenient as I have other paid work in the afternoons with another employer. Can they force me to do this?

baileys 14/09/2018 at 8:44 pm

i work in a store and if i'm on my own i don't get a break, i also worked a few 10 hours on my own in a big store and don't get no breaks is that legal?

WelfareAtWork Editor 06/09/2018 at 11:56 am

If you are working a 10 hour shift, then your employer need only offer one x 20 minute break.

Aaron 05/09/2018 at 7:11 am

I work 10 hour shifts..What breaks should I get..atm we are getting 2x15mins

Csil 31/08/2018 at 1:26 pm

Hi ,
If I working
12,5 hours night shift and
(3 days a week)
How many minutes break per shift
can take out ?

We getting just 30 mins ,is it good ?
Thanks

None 31/08/2018 at 8:41 am

Have done 12 hours night shift lone working and an hour break deducted. Their work night policy stated that if staff found absent from premises or sleeping will be dismiss. Yet an hour deducted for break.

earlybreak 19/08/2018 at 7:54 pm

if i have a 8 hour shift, can my employer force me to take my break one hour into my shift? so then i’m forced to work 6.5 hours straight after. or can i then demand to have another break after 6 hours? i get so tired when they make me take my break early, please help. thanks!

Don 18/08/2018 at 9:04 am

I've been told that my normal hours are 8-5pm. I have a requirement to start earlier sometimes and that this would mean finishing earlier. I have to remain on callout til 5. Can I take my break after coming home but whilst on callout. Ie. Start at 7am,arrive home at 3pm,take 20m break and continue on call out til 5pm

WelfareAtWork Editor 16/08/2018 at 12:20 pm

If you work more than six hours in any one shift, it is compulsary that you have a break.

Overworked 16/08/2018 at 6:13 am

Hi there I’ve been working 8 hour shifts in a single manned petrol station for 7 months and haven’t received one break where I can leave the site or even just get 20 minutes to myself. What can I do?

Don 15/08/2018 at 9:23 pm

All the regulations state that I'm entitled to a break but what if I don't want to, can my employer make me take a break. I work as a field engineer between sites so don't really have an opportunity to have a break that is away from my van or place of work?

Dave 06/08/2018 at 1:14 pm

I work for a food manufacturer who say I can’t leave site on my break is this ok. They say because they pay my breaks it is but can I not wave my paid break and clock out can they legally refuse it’s a no smoking site and I’m not allowed to clock off and stand off site to smoke is allowed??

Emma 01/08/2018 at 12:00 pm

My boyfriend works 15 hours everyday travelling from house to house as a home careworker. His visits are back to back with no gap inbetween and only gets a 20 min break all day. Is he entitled to more break time?

Ali 29/07/2018 at 10:38 am

I work for a supermarket and quite often are made to take my half an hour break after only 2 and a half hours from the start of my shift which is a nine hour shift,

Longies123 25/07/2018 at 5:55 pm

Hi
I am running a daycare center in the state of California and would like to know if I can enforce that my employees take a 1 hour lunch meal break when they work a 7 hour shift?
The reason for enforcing this is that I believe that the educators need a good break away from the children as this type of work can be very demanding
Thank you
Longies123

Holly 21/07/2018 at 11:21 pm

I work for a well known brand of hotel.
We do not get breaks at all.

I was told today to clock in and out for 20 mins for a break we never get !!

We are not allowed to leave premises during our shift either

WelfareAtWork Editor 19/07/2018 at 2:31 pm

As stated in the article, you are allowed a minimum of 20 minutes for every six hours or more that you work.

Sticky 19/07/2018 at 1:09 pm

I work in the security industry at Belfast international airport and have done for over 10 years now obviously in that area goes unsociable hours particularly this year a lot of staff are having to walk out and go home sick because they haven't had a break some of these staff are working from 2am and at 11am still haven't had a break excuses range from its busy to many people phoned in sick etc maybe the security industry is exempt from the 6 hour rule but is that acceptable and legal even though your payed for your breaks now

Sandy 18/07/2018 at 8:28 pm

A new manager as started and we are doing long day shifts, I work in a retail shop. I have shifts of 10- 5.30, what breaks will I have ? Plus shifts of 10-4, will I have a break ? We previously never did shifts like this and I wonder what the law is for breaks .

WelfareAtWork Editor 16/07/2018 at 2:19 pm

Yes, by law you should have a break after working six hours or more. Most employee's breaks are unpaid and your employer does not have to pay you if you choose not to take your break. Your prerogative is to insist you take the break.

Chris 14/07/2018 at 7:07 am

Hello, so i have just recently started working somewhere, and they make us do 8.5 hour shifts, with .5 being unpaid for break, in all honestly i rarely take the break, can they force me to do 8.5 hours (bearing in mind that the .5 is unpaid for breaks) if i dont take a break?

WelfareAtWork Editor 09/07/2018 at 12:25 pm

I am afraid our sites are UK-based, so the break time laws may not apply in quite the same way. However, there will be laws applying to break times in the US. The link here may help you further.

Mikael 07/07/2018 at 11:51 am

I’m in Texas and I don’t know what the law is here, but at least twice a week my job pushes me to the point of quitting.

They put us on these 9 to 12 hour shifts, with no lunch break, no 15 minute break, no any break.

Today was about a 10 Hour shift , working on our feet for the entirety of the shift with no break. We didn’t get a minute to sit down once. Not even for a 30 seconds. We were barely even able to slip in a drink of water things were so busy.

By the end of the shift today I was dyhrated, exhausted, could barely walk, and was extremely nauseous with a migrain.

isn’t that illegal? How can they work us for these 9 to 12 hour shifts without giving us even a minute to simply sit down and rest our feet?

And this happens every week. Not every shift, but at least twice a week.

Mike 04/07/2018 at 5:12 pm

is it my choice to work for over six hours without a break? I want to work 6.5 hours, but my employer says I'm not allowed?

Soldierboy 04/07/2018 at 5:28 am

After working 14 hours with no break at all and have had a fall during the work time can you claim

Miss 02/07/2018 at 8:54 pm

Can your employer make you work every day including weekends with out a day off as he will be working from 2nd July to the 1st September

WelfareAtWork Editor 02/07/2018 at 9:50 am

As specified in the article, you’re allowed a 30-minute break if you work four and a half hours or more in a shift. Please also , which will show you more.

Naomi09876 01/07/2018 at 7:21 am

I work in a supermarket and I’m under the age of 18 I get 30min break is this legal or am i meant to get 45mins (I always do 8hours or 8.5hour shifts)

WelfareAtWork Editor 28/06/2018 at 2:31 pm

Your break fits within the European Working Time Directive, so yes it is 'legal'.

Sky 27/06/2018 at 9:06 pm

Hello,I am under the age of 18 and I work in food retail from 9am-3:30pm
I get one break (45min-lunch) is it legal?
Am I entitled to any more breaks?

WelfareAtWork Editor 26/06/2018 at 2:22 pm

Almost all workers are legally entitled to 5.6 weeks’ paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave. If you are employed, then you can calculate your holiday entitlement via which

Micky1987 25/06/2018 at 9:25 pm

Hi, I work in a chippy where some shifts i work 8 or 9 hours with no breaks, also we only get 2 weeks holidays a year. Is it law that Im entitled to breaks and more holidays. Also split shifts how many hours should you get between shifts

Bird 25/06/2018 at 5:20 pm

I work in a canteen and we have been short staffed since the day I started over a year ago, there’s 3 of us altogether and we are entitled to 10 x 15 min breaks a week, the most we’ve ever had is 4/5 that’s on a good week, it’s been known for me to cover for 2 weeks with no breaks, but not get paid either, also we close at 4 then have to put everything away ie. till up empty dish washer all this is leading to 4.30 and don’t get paid for that either, how do we all stand thank you

sammy 24/06/2018 at 10:30 pm

Hi I wonder if you can help me I do all sorts of shifts in my work one of them being 6pm until 10 at night. Now I have to be up and in work by 7am the following day is it breaking the law as I need so many hours sleep

Phobo9172 24/06/2018 at 10:14 pm

My work only let us all have 15 minute breaks, and 90% of us including me are under 18. It's really exhausting as we stand all day, and the toilets/where we can get food are 3 minutes walk away, and we have to be back before the times up. Not really sure what to do, as I know where meant to have 30 mins

caz 23/06/2018 at 8:37 am

if your stood outside your work place and it's closed because nobody has opened up. How long should you stand outside before you decide to go home? I've heard if you stay 30 minutes and then you go home that you get paid as long as your on camera for the period of time

Paul 21/06/2018 at 6:31 am

Hello, im working in food factory afternoon shift. We have 30 minutes break middle of the day. We working with the uniforms so we have to change clothes before we can go eat. And manager force as clock in to the break before we change uniform and clock out from the break after changing clothes to uniform. So we have 30 min break and actually we spend a lot time just for a change a clothes. Its legal?

Yorker 15/06/2018 at 5:09 pm

I work for a large hospitality chain. We have been advised if sick, we have to find someone to cover our sickness, if not we have to come in when sick and cover shift ourself despite being sick,i believe it’s our manager’s responsibility? Likewise, can we be forced to stay and cover a colleagues shift when they don’t turn up, and a suitable replacement can’t be found? We have been told we do! If this is permissible we would be working for 16 hours without a break or provision for food.

Lizzie 14/06/2018 at 2:25 pm

Is it a legal requirement for me to take my break? I prefer working through my shift for 6 hours and leaving half an hour earlier but my manager has told a colleague to tell me I'm not allowed to do this anymore as it is a legal requirement for me to take my break.

WelfareAtWork Editor 14/06/2018 at 12:40 pm

Yes, it is within the legal framework. As the article states, when you are working you have a right to 20 minute break for every six hours that you work.

Bob 12/06/2018 at 8:48 pm

Can I be made to work an 11hour shift after finishing my own 7.5hour shift with only 6 5 hours inbetween?

Ollie 12/06/2018 at 5:01 pm

Hey.
So I work 9-6 every day.
I get paid for 8 hours and my employer says he wants me to take 2x 15 minute breaks and 1x 30 minute break.

Not much time for relaxing and was wondering if that was okay!

WelfareAtWork Editor 12/06/2018 at 3:20 pm

You can see more via whichwhich should tell you all you need to know.

Dave 12/06/2018 at 10:14 am

Can an employer deduct pay for a break that staff are unable to take due to unforeseen circumstances. E.g. staff shortages, higher than anticipated trade levels.

WelfareAtWork Editor 11/06/2018 at 10:42 am

Your employer is not correct regarding you having to take a break after six hours, as specified in the article, your break should not be near the beginning or the end of your working day. You can see more via whichYou would have to speak to your employer directly regarding this matter. NB: with regards to your response, we are not obliged to answer every or any question. We have many sites, with many questions to get through and we will always answer them when and where we can.

ItsAMe 10/06/2018 at 6:30 pm

Thanks for ignoring my earlier question?

Also worked from 9:55am until 17:30pm without a break.

Excuse was that the break is given AFTER working for 6 hours, wasn't given a break after 4pm any way though.

Jack Editor 11/06/2018 at 11:51 am

@Tan - what job are you doing?! Your employer should supply you with protective clothing on both counts.

Tan 09/06/2018 at 3:15 pm

Hi just wanted to also ask how 20 minutes is enough in the baking sun? It's only June and our skin has started falling off even though we use suntan lotion. How have the government worked out it's ok for people to work in the sun for 8 hours and only take 20 minutes rest?
Yet advise people not to spend too much time in the sun because it could lead to health problems.

WelfareAtWork Editor 08/06/2018 at 1:40 pm

Your employer doesn't have to allow you time to leave the building as part of your break.

Tan 07/06/2018 at 12:27 pm

Hi we work outside in all weather's on our feet. 20 minutes is not enough. Often staff don't even have enough time to put there uniform in the dryer and end up having to work in wet clothing. How is that legal?

Felix 06/06/2018 at 11:12 pm

Hi I work a 3-11 shift at a nursing home and we have to clock in at 2:45 and clock out at 11:15pm. We are entitled to a 15min break and a 30min break. But it takes 7mins to get out of the building and they won’t let us take that time into consideration. I clocked out for my break at 5:55 and I asked if I could round it up to 6:00 and I could be back by 6:15 and they said no, you’ll just have to be back by 6:10. I feel like they are taking time away from my break that I have by law to take. Am I wrong?

Doug 30/05/2018 at 12:04 am

Hi I finish work at 2130 then start next day at 7am which is only 9 hours and 30 min but my employer say they can do this due to I have more than 11 off after the second shift is this right?

Gaz 26/05/2018 at 4:51 pm

My employer give me a hour unpaid break each day at 1300. They now make me travel to another part of the city to start my afternoon shift at 1400. It takes about 20 mins. That means after 40mins of my break I have to leave. Is that legal.

Max 26/05/2018 at 12:04 am

I work from 10 till 21:00 and i have 30 minutes break. Can they split my break time. For example to tell me to have 15 minute break at 15:00 and then the other half later
Thanks

Lisa 25/05/2018 at 7:41 am

I work 6 days a week and rarely get an opportunity for a break, as i am either called back during. Also, i work alone in the office most days due to ongoing out off office appointments via colleagues. I managed to get away at 4:30pm for a break recently, which was confirmed with my manager although the director messaged during asking if i was coming back.

Is there an exception for taking breaks later if there is no opportunity earlier. Please share your thoughts.

ItsAMe 24/05/2018 at 9:43 pm

Working in a restaurant, there's a rule that breaks aren't to be taken for 2 hours midday, I worked from 10-4 (approximately), and was given my break at 3pm, thoughts on this?

Sophs 22/05/2018 at 10:47 pm

I frequently work 6 hours shifts but rarely get a break and if I do it’s 5-10 minutes because I’ve managed to sneak off while it’s quiet. I work in retail so I’m on my feet constantly, do I have to work more than 6 hours to be entitled to the 20 minutes or am I supposed to have it within my 6 hour shift?

WelfareAtWork Editor 17/05/2018 at 12:24 pm

As specified in the article, you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day. If you work 10 hours, you are still only entitled to one break. You are only entitled to another break of 20 minutes once you work over 12 hours.

Adi 16/05/2018 at 12:25 pm

I work 10 hours and a half per day from 7:30am to 6pm, and I have just 30 minutes lunch break, its that alright or legal? Think i should have more. Thanks

Ben 15/05/2018 at 5:09 pm

I work 6 hours a day, I'm over 25 and being deducted 30 minutes from my pay is this correct.

Millie 07/05/2018 at 4:22 pm

If I get 262.50 today and I work one more day for 2 hours and 30 mins how much will I get

Millie 07/05/2018 at 4:20 pm

If I get 262.50 today and I work one more day for 2 hours and 30 mins how much will I get ?

Nano91 03/05/2018 at 9:03 pm

I work 11.5 hour night shifts at a care home, where not untitled to a break is this right? I get we get to sit down but it's a long time to just sit we can go out for cigarette but if you don't smoke you just sit and drink tea.

MabV Editor 03/05/2018 at 3:00 pm

@lucy - it doesn't work like school. You are considered an adult who can make your own decisions.

lucy 02/05/2018 at 5:32 am

I’m 16 and a smoker. I took a smoke break at work and got shouted at by my evening supervisor because I was supposed to let someone know, and I forgot to. He said I’d get a letter and mentioned that I was too young to smoke (which i agree and understand). I’m just worried because my mum might find out, could they tell her or does this not work like school?

Ant 27/04/2018 at 2:29 pm

I'm working a shift that is from 10:00am to 10:10pm, If i'm made to have my break at 3:00pm to 4:00pm is that against the law as after my break I will be working more that 6 hrs straight?

Muts 27/04/2018 at 8:06 am

I work for a large high st store,who now say that anyone working over 4hrs and 15 mins a day must take at least an half hr break.I have checked many sights on line and they all state that these kind of breaks start when we work 6hrs per day. Can they make us adhere to this new rule?.

Jess 26/04/2018 at 11:38 am

I work fast food as an assistant manager. I get paid for 50 hours every week even though I'm there a good 60 to even 70 hours some weeks. I sometimes work 7am to 2am the next day and have to start again at 10am. I'm not allowed to take breaks because I have to stay at the store I am a smoker though and am given a hard time for Just going out to smoke most times. We also have minors working for us that arent allowed to take a break and work 10 hours. I have said something but I dont out rank my boss. I've thought about going to my area consultant but I'm scared I will get in trouble or be fired. I need my job I cant get fired but everyone is burnt out and quitting left and right. I'm at a loss on what to do or where to turn. Someone help

Bex 20/04/2018 at 1:59 pm

I work part time in the fast food industry. My shift yesterday was 12.30 to 19.15 and I am given a 45 minute break. I was told by my manager to take my break at 13.00, half an hour after starting my shift. I refused, multiple times and ask to go on break later, but was told I had to take it now as we would be busy later and also that it was an "easy shift" This is a regular occurrence and I have previously been sent home for refusing to take my break at the start of my shift and was given a bad performance review because of this!!! What are my rights here? I spend my whole shift on my feet.

Bob 12/04/2018 at 4:40 pm

Hi forgot to mention that my breaks are unpaid so to get paid for a 9 1/4 hour shift I have to be in the building(unable to leave) for 10 3/4 hours or I lose pay is this right?

Bob 12/04/2018 at 6:53 am

Hi, I work nights in a supermarket so can't leave the building for breaks they were letting us have 2 lots of 1/2 hour breaks now they are insisting that we take 1 1/2 hours during the night and can't leave early or they have deducted money from our wages saying that we are not taking the correct amount of breaks

lillibet 22/03/2018 at 2:04 pm

I get a 20 minute break in 6 hours (paid). Can I leave work after 6 hours or do I have to be at work for 6hours and 20 mins before I leave?

Big Red 11/03/2018 at 10:14 pm

Hi
My sons have started working in a restaurant and they are getting an hours wage deduction if they don’t take their 15 minutes break which is often as it is so busy, is that even legal? Both of them are under 18.

Char 06/03/2018 at 11:46 pm

If I have a written contact for 16 hours a week but do not get paid for my breaks can my employee reduce my hours
My total breaks a week are 35 minutes can he take that off my contact hours?

Thanks asking for a friend?

Mumsy 05/03/2018 at 12:14 pm

I work 2pm till 10pm on my own at a petrol station I don't get a break I eat as I'm working, is this breaking the law

Di 03/03/2018 at 10:11 pm

I'm on a 12 hour night shift and I am only paid 11 hours because my break is not paid. We are entitle for an hour break but we are not allowed to sleep during our break.

Angel 27/02/2018 at 10:54 am

I am paid for a seven hours say but work 8.5 hours we are supposed to take back 2.5 hors per week to comPenstemon this hardly ever happens due to staffing problems. I am entitled to a one hour unpaid lunch break but never get one again due to the fact that say there must be a member of management in the store. This somtimes means I can work 5 days at 8.5 hrs without a break. Am I entitled to take my breaks.

Mary 24/02/2018 at 5:45 pm

If i work exactly 6 hrs a day, do I have to take unpaid 30 minute break? Or can I have a 15minute paid break?

amy 24/02/2018 at 12:08 pm

hi i work 12 hour 15 mins shift, i have to take a 1 hour break in that time but sometimes its so late/early in the shift that i work 9 hours straight. I work at a hospital. Is this allowed?

Jolly 23/02/2018 at 8:13 pm

Hello I have taken a job in a cafe I work 7.5 hours a day my employers said I am not entitled to a break I need my job what can I do

Russ 20/02/2018 at 7:39 pm

At times I have to work 7 hrs before I get a break my shifts can be 9am to 10pm a lot of the time is this ok

KP 10/02/2018 at 11:31 am

I'm 18 & I read that I wasn't suppose to work nothing but 48 hours a week & my job has been making me work "mandatory overtime" for about two months with nothing but one day off & my body can't really take 10 hours a day for 6 days my shift was suppose to be Mon-Thurs 6-4:30 I tired

firehomer 04/02/2018 at 3:35 pm

on an eight shower shift how much time am I allowed for showering before I go home.
or do I have to shower in my own time

DAYBREAK 04/02/2018 at 1:15 pm

My company has recently told us we cannot use the toilet between 8-9am 12 to 2pm and 4 to 5 pm. It is a contact centre. I am paid for my time at work but to have control over my bodily functions is ridiculous. Not many of us are happy. Plus if it is busy and there is a queue with calls we cannot go during the 3 hours left. If we have to use the toilet due to medical conditions then we have to prove it and can use the loo. This doesnt sound right to me. We are hitting all targets but now they have raised them. Yes I want a new job but I want to know if this is legal?

WelfareAtWork Editor 02/02/2018 at 2:19 pm

If you’re a worker and you’ve tried solving a problem or concern informally by talking to your manager but you’re not satisfied, you can make a formal grievance complaint in writing

Flower 02/02/2018 at 2:03 pm

I work in retail and have been asked to not leave the premises on my unpaid lunch as I'm the only key holder/manager in that day?

Is that allowed?

necklace 31/01/2018 at 6:19 pm

So I work 10 hours a day (paid) but I dont get a FULL 20 minute break. I am allowed to go for a cig break if the shop is empty but this is a very very quick break, I mean like two puffs and i have to put it out as someone ALWAYS comes unless the nice customer lets me finish. Not only this but the boss expects me to be at the shop 30 minutes earlier or 15 at the latest than my start time or the time I actually get paid from. So when I turn up at 9.57 like I did this morning (due to the fact I don't start to get paid until 10am) I get an abusive phone call effing and blinding because I'm late - I'm not late I'm just turning up at the time I get paid from. Working it out and losing 15 mins per day, which totals up to 1 hr as I do 4 days, works out at £390 before tax is a hell of a lot to lose. Can someone please advise me on the next step... Thank you. ??

Carrie 30/01/2018 at 12:34 pm

I work in the care sector (day centre services) from 9-4 ,we never get a rest period AWAY from our service users ,I know it's not legal but what can be done about it please

Keng82 16/01/2018 at 4:09 am

Your advice is actually factually incorrect, this is a common error in interpreting the regulations which are stated by Gov.UK as follows:

"Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day"

This means that breaks are not totalled up as you state for every 6 hours but just apply for workers working more than that number of hours. You could for instance work 13 hours a day and your total entitlement would still be 20 minutes.

WelfareAtWork Editor 15/01/2018 at 2:25 pm

You would be entitled to two 20 minute breaks if you work over a 12 hour shift. But only one 20 minute break if you work a 12 hour shift and under. As specified in the article, you are entitled to one 20 minute break for every six hours you work. However, employers can vary this - this is the minimum requirement.

Twinny 13/01/2018 at 12:11 pm

I have been offered a job some shifts will be from 7am-10pm. How many breaks will I be entitled to during that period

WelfareAtWork Editor 12/01/2018 at 3:22 pm

If you are working in the UK (as this is a UK-based site with legislation on UK-based workplace laws), then as specified in the article, you have a right to 20 minute break for every six hours that you work.

Maria 09/01/2018 at 7:53 pm

I work 8hrs a day have had same start and finish time and have always had half hr breaks for the past two years iv worked at this place and have resently been told I have to include and extra hour break and I have to finish an hour later to make up for it and have been threatened that if I don’t take my extra hour break and or don’t stay the extra hour I will be deducted an hrs pay ie they will only pay me for 7hrs for 8hrs work if I don’t take this extra hour break. Can they do that? Live and work in uk london

Monica 09/01/2018 at 11:21 am

I work in warehouse. I picking 5h without any break. It's very hard job. Can they do like that? I know that students should have a break. I'm 30 years old.

Cook tommy 07/01/2018 at 8:53 pm

My employer in Ontario used to give us a free staff meal with our half hour unpaid but no more. They also got rid of the kick back or tip pooling for kitchen staff since the wage increase. I’ve recently found out they take a half hour off my pay once I have worked between 4.5 and 5 hours. Even if we work 4.6 or 4.8 hours. I thought they could only do this after 5 hours ?

Jane 04/01/2018 at 10:50 am

The company I have worked for 4 years has always given a 1 hour lunch now out of the blue dropped this to 20 minutes, with no asking staff just telling us. Our contacts don't say anything about lunch breaks and we work 9-5 5 days a week. Can the company just drop our lunch times? I am now working extra hours each day in theory with no extra pay or holiday. Please advise

Tm5368 25/12/2017 at 5:43 pm

At my current place of employment (in the UK as a waitress/barmaid) we are sometimes made to work 12 hours shifts with no break.
6 hours with no break as well, what action can be taken against them due to having employee rights broken?

LuceNJ Editor 19/12/2017 at 11:34 am

@TW - maybe your boss is making it difficult for employees to smoke. There's not much you can do except to speak to your employer directly and try to resolve the issues.

TW 18/12/2017 at 9:51 pm

I work 12 hour shifts and have 2 x 15 minute breaks and 1x 30 minute lunch. I chose to smoke during mine whereas others dont.
I sig the fire register when i leave for my hreaks but niw my boss is saying i need a memeber 9f stadf to countersign me out and in. There are rarely in the office so i could be waiting suptonan hour for my break.

What can i do

WelfareAtWork Editor 15/12/2017 at 12:18 pm

Yes, your employer can make you take a break, as it is the law that your employer must give you a break of at least 20 minutes for every six hours you work.

Hunny 14/12/2017 at 5:27 pm

Hi
I have worked a solid 9 hours without a break, can my boss make me take 30 mins, id rather work straight through without a break.

Disgruntledemployee 11/12/2017 at 3:12 pm

I work in hospitality and have done for many years most recently taking a job in a pub my manager changed recently and the new gm has some interesting theories.

The one concerning me is i rarely get my break and am made to eat the majority of my meals stood at the bar whilst him and most other staff get to sit and eat.

Linkis 29/11/2017 at 9:05 pm

My friend works in factory as agency worker. She starts at 9pm and finish at 6am and she told me she never have a break. They only eat inside the factory, not in canteen when production on the line is changing. What can be done about that?

Ladyane 22/11/2017 at 11:57 pm

During work time on late closes at my work place team members are made to have break at 4pm when the work day starts at 2pm.
after that its just being on your feet all the way to 10:30pm without a short break is this legal.

Asimplewish 21/11/2017 at 9:24 pm

I work 12 1/2 shifts mostly on nights. I can never have a break as I cannot palm the bleep and mobile phone off into anyone. Can they be made to pay my 30 min break that we can never have?

Vicko 21/11/2017 at 4:26 am

I work in childcare and most times when I start either 10.30 to 6.30 pm my boss makes me take a 10 min break less then an hour into my shift and then lunch another hour later is this law or can she just choose whatever and I have no say please any info would be great thanks . Same as if I'm 6.30 am to 2.30
Pm and 9 to 5 .

JB 08/11/2017 at 1:01 pm

I work 6 hours a day 2 days a week Am I right in thinking I do not have to take a break?

AYA 05/11/2017 at 6:30 pm

Am I able to put myself break if my employer refuses to give me one?

Miss D 27/10/2017 at 11:31 am

Hello, I am wondering if there is something I can do about the recent change in the office lunch hours, reducing 1hr lunches to 45min and getting 1hr less on fridays. This does not suit me because of a whole list of reasons and anxiety. When I raised this with HR, I was told to draft this as a "suggestion" and it never had a formal review, Director informally told me I would have no basis to request change back (i.e. considered flexible work?), I have no dependents to justify this. I do however study every second day until 10pm and it puts pressure on me, not being able to take walks and spend time with colleagues and rest my eyes.

I had a question raised by him though if there is a reason why I "can't" do this but I don't want to make him aware of my IBS issues that are affected by this together with other factors, because I'm embarrassed- or should I do this to have grounds for flexible work request?

Carpet88 26/10/2017 at 10:12 am

I have an hour a day deducted for breaks, I work 47 hrs a week but only get paid for 42 I'm lucky if I get 20 mins uninterrupted, hr have said if the shop is quiet ie. No customers around then this counts as a break. Is this correct?

JackJ 24/10/2017 at 5:31 pm

Hi, i work for an islamic media company in London. On my lunch break i went to lunch with a female colleague. i then get a call from the HR Manager and she asks me to come to her office. She says, that it has been "reported" that i and the colleague in question were seen together at lunch. She says that 'free-mixing' is not allowed at the company. is what i do on my lunch break and off company premises my concern and not theirs? What legal right do they have to enforce who i go to lunch with? i feel quite violated by this experience.

Hi 21/10/2017 at 9:30 pm

A 16 year old apprentice generally works 9:00 - 5:00 and gets 30 minutes lunch break. But she is then told she has to stay on till 5:30 is this allowed and she’s not paid till 5:30. So although she is getting a lunch break she then has to make the 30 minutes up.

WelfareAtWork Editor 20/10/2017 at 3:04 pm

It is legal. As specified in the article, you have a right to 20 minute break for every six hours that you work. This means until you work over 12 hours, your employer does not have to offer you a second work break of 20 minutes.

victoria 19/10/2017 at 8:34 pm

I work 9 hours a day with a half hour unpaid break is this legal.

FM 18/10/2017 at 7:09 am

Hello. I work 40 hours a week. 4 long days e.g 9am - 8pm or 10.15am - 9.15am. We only have 45 mins lunch then a 15 min break. I am a receptionist at a salon but they do not allow us to have chairs so we are standing on our feet all day long. We use to have 1 hour lunch then 30 mins break but they just changed it 2 days ago to 45 mins lunch and 15 mins break as apparently we were taking too much break time off. Is this legal? Thank you

Tigger 14/10/2017 at 11:01 pm

I work thirteen and a half hour shifts. Although we do get a 20 minute break, we have 1 hour taken off as unpaid break. Is this legal?

Jsmith 12/10/2017 at 5:56 pm

Hello I work 8hr shift and get a 30 min unpaid break. Which I am fine with but my employer is saying that I can’t come back to my office for lunch break. And that I must use another building in the area near to where I am working. But we can’t use a vehicle to transport the lunch bags we expected to carry out lunch bags to the other building before I start my daily tasks. Surely it’s my 30mins and I should be able to eat my lunch where I like. Plus health and safety comes into play carrying my bag while out working as it a large bag I have as it has my lunch 1ltr bottle of water and other stuff for making hot drinks etc.

Sowf 10/10/2017 at 8:35 pm

Hi. I need some advice. I'm currently working in a very busy job in a dental clinic. This requires working shift patterns but on the days that staff work 12 hours 8am til 8pm the clinic is running the whole time which means staff don't get a break at all. Whilst we are paid for lunch breaks I think it is unlawful to tell staff they aren't allowed a break (management often say no to staff taking a lunch break on a 12 hour shift) which means staff are on their feet 12 hours and not even being able to eat anything. Is this against the law? Many staff members have complained about this but are told it won't change. If a staff member was to take a legal amount of lunch break anyway even though the manager said no, are they allowed to fire the employee? Some advice would be great as this is extremely frustrating and unfair

Rup cia man 02/10/2017 at 3:42 pm

Hi.
I'm working in private land security officer. My work is everytime walking around estate. My working hours is 7am to 7pm. Also we have to come 15min before 7 o'clock which is not payd otherwise in controller gonna writing down late at work. I'm coming everytime 06.55am or 06.58am
And they always writing down to managers not on site. Do I have to come this 15min before if I'm not payd.?
And also I'm doing 12h always on foots.
We have first break 10am. 15min break and later on 1 or 2pm 1hour break. Sometimes is so bussy on site like events days and we can take breaks coz on all site we working just 3 security, site is huge. They don't want get to us more security. Always working on pressure. I start feel I getting stress of that. What you advise me?

Woohoo 24/09/2017 at 10:55 am

I work 8 hrs in a shop and on my feet constantly. On Sundays I start at 8am and finish at 17.30. After starting at 8am I am sent after working 1 1/2 in work for a 30 minute break. Is this right? Also I am sent for another 30 minute break towards the end of my shift, I finish at 17.30. My query is, is this legal being sent early and late in the shift for breaks? or is it poor management? Also the last half hour of my shift is unpaid cleaning, is this also legal?

Binlyd 17/08/2017 at 8:00 pm

I work 8, 9 and 12 hour shifts in the security sector, we were entitled to an hours unpaid break, but now with no notice we have been told that 20 mins of the hour is now paid and 40 mins is unpaid, so if we are tasked to an incident while we are on our break, we have to attend that incident right away, but they are not telling us what part of the hour is the paid 20 min break, therefore they have us over a barrel so to speak, because that means we can be tasked to an incident at any time in that hour. ??

Mark 17/08/2017 at 9:01 am

I have an unpaid 1 hr break that is removed during overtime pay hrs can I be expected to take this during basic hrs or refuse and take at equivalent pay rate ie overtime rate when it is removed

Hayles 15/08/2017 at 2:44 pm

My question is I work 6 hours a day get 20 mins break but apparently I'm not untitled to a hot meal from the home

WelfareAtWork Editor 10/08/2017 at 1:41 pm

If you are being stopped one hour's wages and only being given one half hour break, you should speak to your employer directly regarding this matter.

WelfareAtWork Editor 10/08/2017 at 12:13 pm

It's really up to the employer's discretion. Some employers will keep work breaks to the minimum European Working Time Directive rules, while others are a bit more sympathetic and will offer longer breaks to employees who are employed to do heavier or more strenuous work.

Tired 10/08/2017 at 10:15 am

I work in a restaurant on an 8 hr shift finishing at 11pm and then have to be back at work for 8am.
Sometimes I have to do 9am-11pm to then return to work for 9am.
I'm very confused if this is actually legal.
I'm exhausted

carl13 09/08/2017 at 11:17 pm

i work 12 hours shift and only get half hour breaks and on my time sheet (legal document) I state i have half hour breaks and they still dock me an hour knowing i have half hour and i work in a care home

Dan 09/08/2017 at 11:31 am

I reckon the laws on this is wrong. 20 mins break per every six hours is understandable for someone who works on their arse but i spend 8 hours on my feet. The law should be different depending on their type of work.

WelfareAtWork Editor 08/08/2017 at 3:30 pm

Unless you agree to this new arrangement, your employer cannot enforce this. It doesn’t count as a rest break if an employer says an employee has to effectively work through it, You may wish to speak to your employer directly about this and/or give ACAS a call to further explore your options.

ClarenceGas 08/08/2017 at 12:11 pm

I work 8 hours per day 7.50-4.30 and am entitled to a 40 minute unpaid lunch break. Our boss is now telling us that we will no longer be holding our 1 hour staff meetings during working hours, they will be held during our 40 minute unpaid lunch breaks. We get no other breaks throughout the day. Can they do this or do we have the right to refuse to attend and take our breaks instead?

Cher 06/08/2017 at 12:58 pm

I work 2-10pm shifts at work and because the shop is busy between 5-7pm, all staff are sent for breaks before 5pm. This means that I can sometimes start at 2pm and be sent on my break as early as 3:30pm - therefore I have no break between 4-10pm. Based on this article, would these breaks be considered to be at the start of the shift? If so, what can be done about it? I have tried to explain to my manager that this is too early for a break but he insists that all staff need to be on the shop floor during the busy evening period.

Wil 31/07/2017 at 1:53 pm

Hi I work 9 hrs 15 in a care setting. I am alone on the night shift and cant leave the building yet my employer deducts a half hour break from my pay?? for breaks. During my shift I have to answer doors, offer assitance to the residents and monitor CCTV whenever this is called for. There is no opportunity for an uninterupted break unless I was to leave the building...which i cant. Can they still deduct for break?

Myself 31/07/2017 at 12:30 am

Someone I know worked an eight and half hour trial shift at a cafe with no breaks at all. It was an exhausting day in a very busy cafe. When she enquired with other members of staff she was told no one gets any breaks ever not even lunch breaks. how can they get away with this

WelfareAtWork Editor 28/07/2017 at 11:33 am

Whether your break is paid or unpaid is at the discretion of your employer.

ammu 27/07/2017 at 11:50 pm

Hi thr
I m working 40 hours week and I been working more than 14 month don't paid any tea break.but recently I asked manager about my tea break and they ready to pay now.but my question is ? Is there any chance I will get 14 month unpaid tea break ?
looking forward for your reply
Thanks

Hownow 26/07/2017 at 9:34 pm

I work 8 1/2 hours a day. I have half a hour break unpaid should I get any paid break ?

Em 25/07/2017 at 2:54 pm

I work near to 7 hours without a break in hospitality my rota says 4-close and the kitchen shuts at 10, so we could be there for 7 or 8 hours without a break and our entitled meal. What rights do I have to confront my boss about this?

Dani 25/07/2017 at 7:18 am

I work 6 days a week 8:30-3:00 but am not allowed to take a lunch til 2 or 2:30 can my boss make me take a lunch if it's 30 mind before I'm off. When I spoke to my manager about my concern she basicay told me if I spoke out I would be fired because I'm late to work frequently. And that the owner wouldn't want me to work for her if I made it known that I wanted a break before the end of my shift.

Sue 25/07/2017 at 5:35 am

My company I work for im.a night carer for the elderly with dementia r changing my hours they say that we have to work to a 6 day week plus 12hour shifts so that means fromvworkibg 30hoyrs I week in bow working 48hiur for 3weeks then 36hours for 3weeks we cannot leave the building on r break but we don't get pages for rest break as I only live a few doors away I wanted to go home on my rest break but there r saying it will leave the building short staffed will they have to pay me if I have to stay there

WelfareAtWork Editor 24/07/2017 at 3:46 pm

As specified in the article, you should not work more than six hours without a break. You should speak to your employer directly about this.

Ali 23/07/2017 at 11:57 am

I work 9 and a half hour shift on a sunday , told to take break at 2 1/2 or 3 hours into shift which means I then work another 6 1/2 or 6 hours without a break ! Is this legal?

Michelle 21/07/2017 at 12:47 pm

My current employer of 10 years all of a sudden wants me to either start work 15 minutes earlier (claiming flexi) to cover phone lines, or stay 15 mins later (claiming flexi) or take a reduction in my hours so that I am able to take phone calls from the time I start work and be paid from. It takes 10-15 minutes to load up all the systems to be able to deal with calls.
I have child care commitments in the mornings and after school so can't come in any earlier or stay later. and a reduction in my hours would have inplications on my mortgage.
Where do I stand?
I'm worried they'll transfer me to an awful department as I cant "fulfil business needs."

Rich 18/07/2017 at 6:37 pm

My wife has been in her current role for around 2 months. Nobody in the building is currently hitting the unrealistic targets set by the manager so the manager has told people that they are expected to work through their breaks and to stay late (unpaid) after there shifts. Isn't this illegal?

Stacey 16/07/2017 at 12:08 am

I have just started a job. I work 4 days. 10 till 2 each shift? I get a 15 min unpaid break. Which in my eyes is pointless. Am I entitled to one?

Anon 13/07/2017 at 8:56 pm

I am a home carer and tomorrow I have to work a split shift starting at 6am and finish roughly 12 in the afternoon. I start work again at 16.00 and my last call is down for a 22.40 finish. Both times are definitely not set in stone and it's rare I finish at the stated time, usually later. Anyway I then have a 20 min drive home so I'm looking about 23.00. My next call is at 6.00 am the next morning so by the time I get a shower and some food I will get a maximum 5 hour's sleep. I don't think this is fair, reasonable or safe. I spoke to my supervisor who said they don't have to give me a minimum 8 hours between shifts. ..is this true?

WelfareAtWork Editor 10/07/2017 at 10:36 am

If you are based in the US, I'm afraid we cannot answer your question as we are a UK-based site with knowledge of only UK-based employment law.

Sazzy 09/07/2017 at 8:31 pm

Where I work we have been told we can't have a break at all we can't eat on shift and have to buy food we are not even allowed toilet breaks. We didn't even get holiday pay until I complained higher

Melaine 09/07/2017 at 8:35 am

I work at Walgreens and sometimes they scheduled people 4:30pm to 12:30 am and then to come back next day 6:30 am is this illegal it's so stressful.

Annon 05/07/2017 at 6:38 am

My employer has told me that my break starts as soon as I leave my work station. However we have a reasonably large site. It can take a while to walk to the welfare facilities and remove contaminated clothing and wash hands before you can even begin to eat. Is this all to be counted as break?

WelfareAtWork Editor 30/06/2017 at 2:14 pm

You would need to negotiate this directly with your employer. An hour break for a 5.5 hour working day does seem rather excessive.

Truds 29/06/2017 at 10:12 pm

New rota is a 5 and a half hour day with 1 hour unpaid break-can I be forced to take one hour break when would prefer half hour so can go earlier

WelfareAtWork Editor 29/06/2017 at 3:05 pm

A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours.

Sue 28/06/2017 at 1:26 pm

I work 6 hours on 2 days, and have not taken a break in the last 20 years as this suites my life. I am being told I must take a 30 minute unpaid break, which will make my working day longer and will impact on my home life. On the Government website and CAB website they both say if you work More than 6 hours you are entitled to a 20 minute break, on your website it says for every 6 hours you work, you get a 20 min break. Different wording, and mean different things, can you advise, thanks

Working9till5 28/06/2017 at 5:51 am

Normal working hours are 9am - 5:30pm with an hour break, however when we are short staffed we are told to come in at 9:30 & leave at 5pm so that's the legal break allowance, after reading your article I see you are not suppose to take a break at the start or finish of the day. If people kick up a fuss we are told we are allowed to eat at our desks or take a quick meal break in the back office we are strictly not allowed to leave the premises as this would leave only one member of staff on the shop floor i know this can't be right but what can you do ?

Strong bow 22/06/2017 at 6:49 am

I work for a company we have a 30 minute break which is unpaid can our company change what time we go with out giving us notice and most of us don't have food we get it from canteen but that closes when we are allowed to go on break.

Shaxx 20/06/2017 at 1:47 pm

I work at 7 am in the morning until 1 pm and don't have a break what are my rights pls

J 16/06/2017 at 12:43 pm

I work as a waitress and told to take a break 45 minutes into my shift. This means we are then working 7 hours plus until the end of our shift with out any other breaks. On shorter shifts of up to 6 hours, I'd rather not take a break because I get less money. But we've been told that we have to or we don't get paid because we legally cannot work for 6 or more hours without a break yet are expected to do that on an evening shift when taking a break at the start of shift.

le3107 13/06/2017 at 8:31 pm

I am considering a job that has advertised their weekend working hours as
'Saturday 8am -6pm with 1 hr for lunch
Sunday 10am – 5 ( no lunch break)
All Bank holidays that the centre is open 9- 6pm ( no lunch break)'

Is this legal? I thought workers were entitled to a break after 6 hours work?

Nat 05/06/2017 at 7:25 pm

I'm a care worker and work 7 1/2 hr shifts finishing at ten and back on duty at 7 am managers are now saying that we can't have hot food on our breaks which are paid is this right

Anne 30/05/2017 at 10:29 am

I work 4.25hrs per day, which adds to 21 and a quarter hrs a week. My employer is insisting on the 11hr rule as I can get extra hours during the day sometimes. Surely the 11hr rule applies to those on 39/40hrs a week?

Kat 28/05/2017 at 1:35 am

Hi i work in a nursing home am only aloud a ten minute break i work 30 hours a week but am being put from late til earlies lates are 2:30pm til 10pm but the next day i work from 7:30am til 3pm. That is only 9 hours break at home . One day they forgot to put me on break til about an hour before i was supposed to leave . And that was only because i nearly fainted through sheer exhaustion . Is this legal i am worried if i point this out i will get in trouble at work . I don't want to go in full guns blazing . I love my job and the people i work with but i feel it is not fair to do that to anyone .

Naid 14/05/2017 at 8:29 am

I've just started a job at a diner as a waitress and am working 8-3 without any break. I am allowed to eat breakfast at 11 but am told to eat as fast as I can (usually less than 5 minutes). Surely this is illegal? (I'm over 18)

WelfareAtWork Editor 11/05/2017 at 11:29 am

You have a right to 20 minute break for every six hours that you work which means theoretically your employer is not acting outside the European Working Time Directive by making you work 5.5 hours without one. However, as stipulated in the same directive, a break should not be taken at the beginning or the end of the working day, but somewhere in the middle. Therefore, some direct negotiation with your employer is needed here.

Dan 10/05/2017 at 1:43 pm

My normal hours at work are 10:30 till 6;30 and my new boss is trying to make me take my lunch break 12-1, I think this is too early as I've just started and leaves me working 5 1/2 straight in a stressful job without a break. Is this against the law or can I fight this to have my break closer to the middle of my day?

WelfareAtWork Editor 04/05/2017 at 11:00 am

Much depends on the terms contained in your employment contact. Your employer has the discretion to factor in a break if you work under six hours.

Sammy 03/05/2017 at 12:09 pm

Looking for some advice. During a morning shift which is 8:30-1:45 our employer is deducting a 30 minute " uninterrupted " break time. Does anyone know the rules on having breaks deducted working less than 6 hours? We are all over 18.

WelfareAtWork Editor 03/05/2017 at 12:09 pm

We have answered your question on the other thread.

Rossco 03/05/2017 at 3:46 am

I left this comment on a different thread but thought I may have better luck here. I am a restaurant manager and my team have expressed concern that they are having to work 8 hours without a break, which they are okay with as we can be extremely busy and it's just not feasible to take a break; however, they are still having those breaks taken off their wages - I include myself in this.
I think this is wholly unfair and unethical but I cannot find anything which gives me an answer on the legality.
I brought it up with my HR/Accounts manager and she said that's the way they do it and it won't be changing.
I'm left not knowing what to say to my team. Any help would be appreciated.

Mozcake 25/04/2017 at 9:06 am

During my working week much of my time is spent line working, I cannot leave the building as the office has to be manned 24 hours a day, my boss says that if I have a break then all I have to do is go in to the kitchen for half an hour, that way I get a break, my arguementis that to have a break I should be able to leave the building. On a weekend shift we are expected to lonework from 9am to 8pm, again we aren't allowed to leave the building. Can someone please advise? Thank you

Scouse 23/04/2017 at 9:27 pm

My normal hours of work are 0730 to 1630 Mon through Thurs and 0730 to 1230 Friday (39 hr wk).Each day consists of a 30 minute, unpaid rest break. If I am working away on site and work more than 12 hrs, usually due to travel time, my employer will deduct 1 hours pay, claiming that I MUST have a 30 min break after working 6 hours. Despite telling him that I am entitled to a rest break of no less than 20 minutes, he still insists on making a deduction for a second 30 min break that has not been taken. Recently, a colleague had 30 minutes deducted from his pay after working overtime on a Friday, which consisted of 1 hour pre-shift and 30 mins post shift (0630 to 1300). Again, the employer insisted that the deuction was made because he MUST have a 30 minute break after 6 hrs of work.
Does my employer have the right to make these exta deductions and do I HAVE to take a 30 min break after 6 hours?
A definitive answer to this contentious issue would help an ongoing saga.

Kaz 22/04/2017 at 7:33 am

My 17 year old son is working for a well known restaurant Chain and more often than not starts at around 4 or 5 pm till 10 or 11. He is getting a break an hour into his shift when he has only just arrived and despite saying he doesnt want it yet is made to take it leaving 5 or 6 hours to work. Can they do this?

diplomat 21/04/2017 at 2:58 pm

My colleagues and I do 12 hrs security shifts. We only get paid 10 and a half hrs of that 12 hrs. At present we don't get to take a break away from our place of work. We are sat in a cabin for 12 hrs. We are constantly interrupted whilst trying to have something to eat. Our bosses have told us they will allow us a 30 min break in the morning and 15mins in the afternoon where we can take a proper break. No more. How do we go about taking the other 45mins or can we ask to be paid for that time?

Rob 13/04/2017 at 10:54 pm

My Son works part time with a well known high st fast food restaurant. He works an 8 hr shift and is being made to have his break after just 1 hr 20 mins into his shirt and then working over 6 hrs straight without a break. Is this allowed??

Mozcake 13/04/2017 at 4:40 pm

During my working week much of my time is spent line working, I cannot leave the building as the office has to be manned 24 hours a day, my boss says that if I have a break then all I have to do is go in to the kitchen for half an hour, that way I get a break, my arguement is that to have a break I should be able to leave the building.
On a weekend shift we are expected to lonework from 9am to 8pm, again we aren't allowed to leave the building.
Can someone please advise?
Thank you

WelfareAtWork Editor 13/04/2017 at 2:25 pm

As specified in the article you are entitled to a to 20 minute break for every six hours you work. So, your employer is working within the legal guidelines.

Bubbles 11/04/2017 at 6:55 pm

I have worked for my employer for 13 years. I work for 6 hours per day 8.30 to 3.30 with an hours lunch break. Over the years my supervisors have always been happy for me to occasionally work through 8.30 to 2.30 without a lunch hour so that I can leave early. I have recently been moved to a new department where my new supervisor has told me that I can only do this if I have a medical appointment. The work is clerical and is only time pressured on the last few days of the month when I understand that it would be best if I stayed to 3.30. Can I ask my employer for flexibility on this issue

daffy123 11/04/2017 at 11:07 am

I work 6 to 8hrs a day I used to have 15mins break paid but now my employer is deducted it from wages is this legal

Parrots 06/04/2017 at 1:49 pm

I work 10 till 6 in the morning they say we can have 30 min for lunch and no more break

Parrots 06/04/2017 at 1:46 pm

I work 10 till 6 in the morning and have a 30 min for lunch and no more more break

Natdab 06/04/2017 at 9:42 am

I work 18 hours a week and only get paid for 16 hour as we get an hour taken of us for break , that we don't get and are not allowed of the premises is this far and correct for them to do this ?

Tracy68 02/04/2017 at 10:27 am

I work 8 hours a day, 1 shift starts at 1 till 5 my other shift starts at 7 till 11 I don't go home between shifts I stay on the premises where I work my problem is I went out at 3 o'clock for 5 minutes for some air as the building I work in is warm and my boss saw me and now I have to have a disciplinary I am told I have to work the four hours before I can have my break is this true??

Izzy 31/03/2017 at 4:42 pm

I work as a barmaid, 7 hour shifts. The afternoon staff start at 1pm an hour before I finish. As this is lunch time it's very busy but my only chance to have a break with other members of staff in to cover it. We are not getting to take the break due to the number of customers at lunch. We are expected to either leave at our finish time having worked 7 hours without a break and only paid for 6.5 hours. Or sit for half an hour once shift had finished to take our break and then clock out and go home. This doesn't always work as I have to children to collect at set times. So they're getting 7 hours work and paying for 6.5. Even if I tell them I haven't had a break they won't pay me the extra half hour

Chelle 26/03/2017 at 10:23 pm

I work 7 Till 6. My break is 12noon til 12.30 and i have been told I should be allowed a morning break but my boss has said i must take my ten min break at ten to 8. Is the break not supposed to be half way between starting and lunch?

WelfareAtWork Editor 22/03/2017 at 12:59 pm

You are entitled to one break for every six hours you work - this means if your employer is not legally obliged to give you a break unless you work over six hours. Your employer does not have to factor in an unpaid break. Therefore if your employer wants to add the time to the end of your working day, he/she can do this.

lr2010 21/03/2017 at 11:22 pm

I'm in dispute with my manager regarding a break during my six hour shift.

I work 9-3pm as a receptionist/security guard for a multinational company. As we face the public and have to be on reception for the full six hours we can't eat at our desks, but we are not allowed a break as he says we are being paid the full six hours. We can take 15 mins if we give that time back at the end of the day but it's no good to me as I have to rush out at the end of the day to pick children up from school. It's not actually the break that is important, it's going without food for over 7 hours!

Looking at various websites and the working time directive it states if one works 'longer' than six hours we can take a break, but I work 'exactly' six hours. Am I entitled to either, take a short break or have time to eat away from the public or not?

Please Advise me. ManyThanks

Pat 21/03/2017 at 7:16 pm

I work 12.45 hour shift on NHS medical ward am I entitled to a paid break

chezzy 14/03/2017 at 4:35 pm

I'm desperately looking into the legalities and stuggling to find a definitive yes or no answer... I work as a support worker. I am mixing 15 hour day shifts with 10 hour night shifts every week. my question. as a line worker at night am I entitled to a break. currently 10 hours with no break at all..... Tia :)

Frazer 13/03/2017 at 8:49 am

Hi, i work night shift in morrisons supermarket, i do 9pm till 8am and im entitled to 1 hour and 30 mins unpaid break.
The staff are not allowed out the building except for the smokers when they get theyre break.

Is this legal?

Thanks.

Ms1 09/03/2017 at 8:52 pm

Hi, how long does it take to get a reply, as questions asked after mine have been answered, but mine hasnt

Cooky67 09/03/2017 at 12:15 am

I work full time average 8 hours a day I get a paid break on mon And a ties but not on the other days I don't get a break at all. What are the rules on having a paid rest break as apposed to an unpaid one or is there no difference can they call me back if it is a paid one.?

Ms1 24/02/2017 at 5:56 pm

I work in the betting industry, and they frequently put us on shifts finishing at 9.30 pm and starting at 8.10 am, also sometimes finishing at 10pm and starting at 8.10 am, I have pointed out that this is illegal, is there anyway to report this anonymously, as it seems to happen a lot. If you look at the rota there is a warning but managers just seem to ignore it, if you say anything they just shrug it off. I was under the impression from when the law came in employers who breached this would get a hefty fine.

Cath 22/02/2017 at 7:18 pm

Ive been working as a bar person for the past 5 years and do regular shifts 6hrs and over most of them i am the only member of staff on.For the 1st 2 years i got a break every time i did 6 hours or over. We got a new steward 3 years ago and ever since i have not had a break on any of my shifts. I cant leave to go anywhere as it would mean me getting everyone to leave shutting the club. The steward is never around to cover so i can have a break. We have no means to make anything to eat , we only have a kettle and fridge. We have to eat while we work. Do you have any advice you could give me ?.

WelfareAtWork Editor 22/02/2017 at 12:05 pm

Yes, your employer can insist that you have the break in keeping with the European Working Time Directive regulations.

Stephij12 22/02/2017 at 11:14 am

My employer is making me take 30 minutes unpaid work break after 5.5 hours. Is this legal?

Alba47 21/02/2017 at 6:05 pm

I know that my employer has to give me a rest break but if I choose to not take that break and work through my lunch period can they enforce a break? I am required to work 8 hours a day, on four days. I prefer most days to work through and leave a bit earlier than I would if I took break. question is. I know I am entitled but is it compulsory to take it. My choice.

Craigdeman 20/02/2017 at 11:41 am

Hi I work as a care and support worker
I start at 7am and finish at 2:30pm
I have a 30 min break at 12:45
Is this allowed? It seems a long time to have a break after 5 hours and 45 mins

Also if I'm on a late shift I finish at 10pm and need to be back in at 7am so I only get 9 hours rest!

Nangax 18/02/2017 at 7:09 am

Hello I had a question, I worked for 11 hours with only a 30 mintue break is that okay?

WelfareAtWork Editor 17/02/2017 at 10:42 am

When you are working you have a right to 20 minute break for every six hours that you work. You are not entitled to any other breaks on top of this. Please see the WorkSmart take on this issue here.

Rhianna 16/02/2017 at 2:44 pm

I was working in a shop hence constantly on my feet.
I worked from 9 until 5.30pm 8 and a half hours with only a 30 minute unpaid lunch break.
I was aware the 30 minute lunch break was unpaid but thought one would get a coffee break in the afternoon.
My lunch break started at 12.30.
Is this allowed?

Jjj 16/02/2017 at 1:19 pm

Hi, I am currently in a dispute with my supplier about cigarette breaks. He has told me that if I take cigarette breaks I am not entitled to any other breaks. Is this correct?

Thanks

Coco 24/01/2017 at 12:07 am

Hi I work a 12 hour shift for most of it I'm on my own, so I don't get a break never mind a break that let's me do nothing for 20mins, I always have to be available to answer phones. Also my company takes an hour from my wages for the break I don't get, is this legal.

Jo 22/01/2017 at 12:28 pm

Am I allowed to work 8 hours without a break as I would prefer to not stop and have an unpaid break so I can fit my 16 hours a week into just two days?

WelfareAtWork Editor 20/01/2017 at 2:17 pm

If you work more than six hours, you are then entitled to a break.

Becky 20/01/2017 at 12:55 pm

Hello I've requested to work 7.30-5pm and am being told that I will need to take 1 hour lunch or 30 mins with 2 15min breaks.

Can you confirm that is correct?

I would rather only have 30 minutes!!

Melly 19/01/2017 at 10:31 pm

I work in a care home in Scotland from 8-2 exactly 6 hours am I entitled to a break within the 6 hours?

Evilc 18/01/2017 at 7:36 pm

I have a question... I hope the experts
would revert asap...

I work in a MNC a new organization in Pune, Maharashtra. India. My shift ends at 23: 00 hrs. The place where i used to reside was around 35 kms from work. Is there a law which states that women employees should get a home drop. Also, if the women employee is the last drop the organisation should provide a security guard in the transport? Help me i feel unsafe in the transport while going back home. I tried speaking with the HR but they said they cant afford a security.
Waiting for your support and responses.

Johnny 15/01/2017 at 6:49 pm

Hi I am a TA in a school for behavioural difficulties. We are with the children from 8:30am until the last one leaves, about 3:15pm. during the morning break and lunch break we have to supervise the children all the time. I don't have a break away from this routine. i have to ask to use the toilet as I cant just go away from the children. from what I see on here this is not right. staff have raised this with managers but nothing is ever done.

WelfareAtWork Editor 11/01/2017 at 12:54 pm

I am sorry to hear this. However, unfortunately this is legally acceptable. Only after working for 12 hours are you eligible for another 20 minute break.

Cookie 10/01/2017 at 5:48 pm

Hi I work in retail and I'm on my feet all day long as I work on the pizza and rotisserie counter and gave been there for 5 years. I work 9 hour shift between 8am-5pm and was allowed to take 30mins and a 15mins break. And10 hour shift between 7am -5pm was allowed to take two 30 in break. And I was going home exhusted after these shifts. And now today have been told that I'm now only allowed one 30min break on both those shifts. Is this right???

WelfareAtWork Editor 09/01/2017 at 11:03 am

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. So, your employer is within its rights.

Jg1 08/01/2017 at 10:27 am

I am currently at work in a retail shop. They have recently swapped the times of shifts and I am alone in the shop from 8:45am - 2pm (full shift 8:45 - 6:40). That is 5 hours 15 minutes with no chance of a break. I am over 18. Is this allowed?

WelfareAtWork Editor 05/01/2017 at 11:25 am

I think this is something your wife would have to negotiate with her employer directly as both of these breaks are nearing the beginning and end of her shift which in theory should be avoided. If there is a good reason why the breaks should be at these times and her employer can justify this, then it is allowed. You don't say how long her lunch break is, but it sounds as though her break time is above the working time directive of 20 minutes break for every six hours or more worked.

Hungry 04/01/2017 at 12:19 pm

My wife works from 8:00am - 16:30pm, her employers give her a 15 minute break at 9:45 and expect her to take her lunch at 2:30. Are they within their rights to make her wait 6.5 hrs to have her lunch?

Sarah 03/01/2017 at 8:18 pm

Please can you help me I work in a residential home for adult with learning disabilities I have been inform today by manager director of company that we HAVE to work a late shift night shift which is a waking night and then a early because we are short staffed I think this is not right and we should not be forced to do this we would have to work a total of 25 hours without any rest and no sleep please advise

Crabman 03/01/2017 at 11:44 am

Hi there, I am.currently sat in work, on my break which I'm working a 10-2 this being 4 hours im eligible for a break as it under 6 hours and I'm.over 18 but my question is, can an employer force you to take breaks if you're not meant to be getting one.

Cs 23/12/2016 at 8:21 am

I am getting unpaid breaks in four hours shifts. Is it ok? Can they do this? I am working in split shifts. 4hours in the morning (15 minutes unpaid break) and 4-5 hours in the night (15 minutes unpaid break). Is it ok like this?

Tuffy 16/12/2016 at 10:10 pm

Please.can you tell me when did the law change that an employee gets 20 minutes
break for every 6 hours they work.

WelfareAtWork Editor 16/12/2016 at 11:21 am

As specified in the article when you are working you have a right to 20 minute break for every six hours that you work. As you are working 5.5 hours, then your employer is within its right to not issue a break. Even if you do not have an official break, you may request that you bring a drink or some food in to eat while at work.

Tuffy 15/12/2016 at 7:24 pm

Iv been asked to work a shift 11am till 4.30pm and my manager has told me I'm not I Intitilted to a tea break.
I will leave my house at 10.15 then after doing my shift return back home for 5.15pm that 7hours with out a drink or something to eat. Is my manager correct?

WelfareAtWork Editor 13/12/2016 at 2:46 pm

Yes, as specified in the article, you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day. You are allowed another 20 minute break if you work 12 hours or more.

Cmagz2016 10/12/2016 at 6:02 pm

My employer would often make me take a break after 30/40 mins into an 8 hour shift. Is this allowed?

WelfareAtWork Editor 08/12/2016 at 12:04 pm

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. If you are working five hours, it is up to your employers if they wish to give you a break - but they are not under any legal obligation.

msk 07/12/2016 at 10:30 pm

I work a 5 hour shift am I entitled to a break?

Jess 30/11/2016 at 3:09 pm

I've worked for the same company for 24 years. I work 6 hours, I've always had 2 15 minute breaks. A new manager has taken over and said we don't get a break anymore can he do this?

Stevieg 25/11/2016 at 5:23 pm

If you need to use the toilet during your shift can you boss deducts that time time from your lunch break , we have a new manager and he has starts to do this

Mandy 22/11/2016 at 9:09 pm

Can my employer legally make me do an eight & a half hour shift & take an hour break ? Instead of working an eight hour shift & taking a 30 minute break which i used to do before new management started ? Which means i work the same seven & a half hours but have to take another 30 minutes in a break which to me doesn't seem fair .

Mandy 22/11/2016 at 9:02 pm

I used to do three days where i'd work seven and a half hours . Taking a 30 minute break i'm now having to work three days at an eight hour shift and take a one hour break . Can my employer do this because it seems unfair that i have to work longer but take that time back in the form of a break ?

Mat 21/11/2016 at 5:44 am

It says we are entitled to 20 min after working 6 hours but the employer decides when we take the breaks, I'm a little unsure, does this mean working 7 or 8 hours before getting a break is against the law? And also how close to the beginning or end of your day is not considered acceptable?

Blurya 17/11/2016 at 10:53 am

Hello,
I'm working together with my husband ,night shift from 23:00 to 7:30 and we have a break 30 minutes but always is changed break time , very often they are giving us the break at the beginning of the program , can be at 1:00 o'clock or sometimes at 2:00 and then till the morning, 5 or 6 hours we are working continuously. This is normal? Sometimes we are working more then 8,30 hours on the same night but with only one break.

Babs 15/11/2016 at 6:04 pm

Hi we have just been informed that we will have a 30 min break even though we only do 5hours a day but nobody is saying if this is paid or unpaid
We have always been given 15min break but told this is a gift so was always paid
Can we refuse a break as its alot of money to loose over a month any advice please thank you

Jay 03/11/2016 at 9:29 pm

Just wondering if anyone could give me advise. I work in care based on a 24hr rota 12hr shifts. 1hour break.
If we work a day shift and take our break we are allowed to leave the premises etc basically do what we want in reason as long as where back on time. But when it comes to the night shift we are told we are not allowed to leave the premises which is understandable because there is less staff on nights.
As it being a night shift you would get very tired and be looking forward to the rest break to rest your eyes we was alowed to take our break and could take a nap on the understanding if the other member of staff needed your assistance you would have to get up which we obviously understood. Just recently our employer says we are not allowed to nap on our breaks. We can not leave the premises. Basically all we can do is stay where we are but stop working i.e. Eat sit read etc
Basically can my employer tell me what I can and can't do on my break? Does any one know ?

WelfareAtWork Editor 02/11/2016 at 11:07 am

You are still only entitled to 20 minutes if you work 11 hours (you have a right to 20 minute break for every six hours or more that you work). Once you work over 12 hours you will be entitled to another 20 minutes. However, it is up to your employer whether these breaks are paid or not.

Danny33 01/11/2016 at 2:06 pm

Hy,I would like to know the entitlement of 11 hours shift,how much will be the break,a paid one.

WelfareAtWork Editor 24/10/2016 at 10:28 am

It is not incorrect. As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. This means you have to work over the six hours to be entitled to a break. Whether the break is paid or not is up to your employer's discretion.

Becky 23/10/2016 at 8:48 am

Hi, how do we go about reporting businesses that don't obey the set break regulations? I have to work over 6 hours to get a half an hour unpaid break but only working 6 I get 15, which is incorrect.
Many thanks

J 22/10/2016 at 3:36 pm

Hi I work from 6.30am to 3.30pm
I'm being told I can't take my one hour lunch break till 12pm.
But due to my early start I like to take my lunch by 11am. Am I allowed can I dispute my manager on this?

Mark90 18/10/2016 at 10:15 pm

Hi,

I am looking to find out some information as my partner is having some problems at her work. She works as a support worker and has complained at the fact they don't receive breaks and are not getting 11 hours rest between shifts.

To be clear is her employer breaking the law and what can she do to resolve outside the workplace as numerous members of staff have raised this issue and complained but nothing has changed?

Thanks,

Mark

WelfareAtWork Editor 17/10/2016 at 1:35 pm

It is up to the employer's discretion whether they pay you or not. By law you have to have a break for every six hours you work, whether paid or unpaid.

Amy 16/10/2016 at 3:06 pm

Hey just wondering do you get this break paid though. I've heard that if you work 8 hours or more you are entitled to a paid break but from reading from others they don't get paid either. Is this a legal requirement? Thanks Amy

Maudy 08/10/2016 at 8:24 am

I've just started working for a local small supermarket. I work from 6.30 am to 2pm with no break. Is this right? Also there are some young people who work there with longer hours who don't appear to have a break either. Is this right?

Marc 07/10/2016 at 9:34 am

Hi , i work out on site so I don't click in or out so to speak an we can take our lunch as an when we please . Can you please tell me if we get 1 hour for lunch but 30mins of that hour is unpaid. Do we have to take that full hour or is the unpaid 30min our time to use as we with i.e. Go home 30min sooner as to pick kids up etc

Sophie 05/10/2016 at 6:32 pm

Is there a law in UK to say that I can't come earlier from my lunch break if I choose to, I do not get paid for my break and know I won't get paid if I do come earlier. But as I understand I can choose how to spend my break, so if I want to work or come back earlier, is that a problem at all for me or my employer?

Lewis 05/10/2016 at 7:42 am

I'm 16 and I don't get a break every 4 and a half hours I only get a break every 7

Sophie 04/10/2016 at 8:59 pm

Is there a law in UK to say that I can't come earlier from my lunch break if I choose to, I do not get paid for my break and know I won't get paid if I do come earlier. But as I understand I can choose how to spend my break, so if I want to work or come back earlier, is that a problem at all for me or my employer?

Bouncer 03/10/2016 at 8:35 pm

If you work a 12 hour shift do you get payed for your lunch break?

WelfareAtWork Editor 03/10/2016 at 2:31 pm

Your employer does not have to grant you a break unless you work 'more' than six hours.

Joles 03/10/2016 at 8:38 am

I work exactly 6 hours per day? Am I entitled to a 10 min break by law?

Joles 03/10/2016 at 8:36 am

Hello I work exactly 6 hours per day. Am I in my legal wright and by law to take a least 10mins break.?

Call centre work 01/10/2016 at 7:05 pm

Hi there,

I am just looking to know if any one knows when working a 8 hour shift how long into your shift are you to get your first break?? as i work in a call centre where i get mine after a hour and then leaves me go 2.5/3 hours from last break to end of shift is this correct??

boo 28/09/2016 at 12:44 pm

I do 8 hour shift work, just wanted to know before you finish your shift are you allowed a 10 minute wash down, Eg!!! toilet and wash your hands. thankyou.

Will 26/09/2016 at 7:34 pm

Working as a teachers assistant at a local college. I am told that the area for my lunch break is in the canteen where all the students eat. The students come & sit with us & continue to talk about lessons etc. So I feel I do not get a proper break to relax & talk with fellow teachers assistants as we are surrounded by students. The teachers can eat there lunch away from the students but we can't. Is this allowed & fair?

WelfareAtWork Editor 26/09/2016 at 1:59 pm

No, only of you work over the six hours are you entitled to a break. You can still try and negotiate one with your employer, but you'd have to do this directly.

WelfareAtWork Editor 23/09/2016 at 10:50 am

There is nothing that is breaking the working time directive laws in this arrangement, most lunches are now unpaid.

Bubbl3p0p 23/09/2016 at 7:32 am

I work a 6 hour shift exactly, im 37 am I eligible for a break?
And am I in my rights to ask for a 15 mins unpaid break?

Would like advice 22/09/2016 at 10:48 pm

Hi, I work for a charitable organisation once a week on a Sunday,up until recently I have always worked with another member of staff, they have recently made major cutbacks, so I now work a six hour day with no breaks, and also have to take heavy bags of donated goods into the shop which I have to carry into an area away from the shop, I have expressed to my employer about how I find working alone as well as also working without a break,and am waiting for a response, really just wanted to receive some legal advice on what my rights are.
Many thanks in advance.

Vics 22/09/2016 at 9:16 am

I work from 9,30 to 5pm with a half hr lunch break,my boss says I only get paid for 7 hrs work?! is this correct..
Im 40 yrs old...

Getting irate now 08/09/2016 at 10:58 pm

My daughter is 24 works 10 hrs a day ,5 days a week (scattered days)..she begins at 9am .though has to open up at 8.15/30 am ,but doesn't get a break ,although her day won't end until at least 7pm..what is. The legal aspect of this. There isn't any back door/exit. Either ,surely this is against. Health and safety?? Thank you

Harvey81289 03/09/2016 at 12:00 pm

I am a chef and my current employer gets all salery staff to work from 9am till 10:30pm earliest no break 5 days sometimes 6 this is not as abnormal in my industry but after 10 years of it i want to know how to start change as this is byond unfair some weeks am work 72 hours but minimum i do is 65.5 per week i also have all the proof as i have photps of the rota sign out sheet

Meg 03/09/2016 at 7:39 am

I work a 9-5 shift and I'm 16 and I don't get any breaks so I have to try and have lunch around this busy schedule, is this legal?

Marty 02/09/2016 at 7:01 am

My daughter works for Little Cesars Pizza in San Jose Ca. Shes under eighteen years of age and she was reprimanded for taking her fifteen minute break outside of the Little Cesars Pizzeria building where she works. Is it unlawful to treat her this way. Other workers have taken their breaks outside of the establishment.Shes been working for them for almost a month. Is this legal ?

WelfareAtWork Editor 01/09/2016 at 2:14 pm

Yes, as specified in the article your break should not be at the beginning or the end of your work day. Therefore, I suggest you speak with your employer directly.

WelfareAtWork Editor 01/09/2016 at 1:40 pm

You have every right to ask for your lunchbreak when you wish, but it will be up to your employer's discretion whether he/she allows you the break. It doesn't seem a bad set up in fairness to your employer. If you have lunch at 12 and then and afternoon break at 3pm it's a pretty standard and evenly staggered break with not much room for complaint.

WelfareAtWork Editor 30/08/2016 at 2:36 pm

Yes, this is legal. As specified in the article, you are entitled to one 20 minute break for every six hours you work. Therefore, your employer is actually giving you 40 minutes more than the required statutory amount.

Misspotts 30/08/2016 at 1:24 am

I work 10.5 hour shifts 7pm-5.30am in the UK. My first 15 minute break is at 11pm then my lunch 30 minutes is at 2am then we get a 15 minute break at 3.30am is this legal

Jakee101 28/08/2016 at 12:19 pm

I started work at 1pm and finish at 9.
My break is for half an hour and I was put on break at 7.30. Bare in mind I finish my break and have an hour before my shift finishes. Is this acceptable? I thought the whole point of a break is to break the day up ! a break at that time is pointless when your shift is coming to an end.

123worksucks 28/08/2016 at 12:07 pm

My work day is 9-6pm.

I know this is something I shouldn't let get to me but my assistant manager allows the favourites to have lunch at 12:30 or 1pm and then the second 10 min break at around 3:15pm-3:30pm.

The younger/new ones such as myself have to have lunch 12pm - 12:30pm (sometimes even before 12, 11:50/11:55am) and second break 2:50pm -3pm, or 3pm-3:10pm.

Am I within my rights to ask for my lunch break to not be before 12?

Also in the event my lunch break is 1:00pm - 1:30pm, if my 10 minute break is 1 hour and 20 mins after that (i.e. At 2:50pm) am I able to question it?

It's obviously minor petty things but my assistant manager deliberately belittles us younger ones and because a lot of it is minor it's worse in a way.

Thanks for any help!

Ant 25/08/2016 at 7:11 pm

I work has a chef so on sunday i was working 10am till 10pm but at 9.30pm i got told by my manager i had to do stock take so ended up working till 00.30am without a break and was back in work on monday at 10am what can i do??

WelfareAtWork Editor 25/08/2016 at 11:04 am

Your employer is working within the working time directive, as specified in the article you are allowed 20 minutes for every six hours or more you work.

sj 24/08/2016 at 3:00 pm

I work 8.5hrs, 5 days a week. I have a 15min break in the morning and 1 in the afternoon, 30 mins unpaid for my lunch. Is this correct? Or should it be 45 mins for lunch?

Geegee 24/08/2016 at 8:19 am

My work place is making me work 4 1/2 hours after all my breaks have been giving

Charley 17/08/2016 at 12:55 am

I am a coumminity care worker an i do up to 15 hrs of a shift with hardly anything to eat as i dont have the time as once ive finished one customer i have to move to the next i dont know weather my travelling time is classed as a break or not please help.

shell 15/08/2016 at 10:30 pm

I worked a 7 hr just want to know do I get paid for 7 hrs or 6.5 hrs due to my 30 minute break

MrT 15/08/2016 at 9:30 pm

I find this a very grey area however my employer keeps trying to send me on my break ridiculously early into my shift.

For example I was supposed to work a 6:30 -3pm shift today and my employer tried to send me on a break at 7:30, which i refused.

They then went on to try send me at 8pm which yet again i refused.

They had sent an under 18 year old employee on his break 30 minutes into his shift (7am-2pm).

This seems to be consistently happening and I just wondered if it is legal?

As i often have to work the remaining 7 or so hours without another break.

Choppit 13/08/2016 at 7:23 pm

I am a manager in a large fashion retailer.
We currently do a 9 hour day which includes a 1 hour lunch break unpaid.
At times we cannot leave the premises or even get an uninterrupted break so therefore should we not be paid for this time under the regulations?

Jas 28/07/2016 at 11:24 am

I don't start work until 8am but I am required to come in at 7am every morning to load up material for that day's work I don't get paid for this hour before I start ,should I be getting paid for it

PatTest 25/07/2016 at 12:47 pm

Hi, I'm currently 17 and have never had a decent employer who respects my working rights.
At my current job, I am working from 9am till 6pm, sometimes 6:30pm, and am only given half hour break. I'm working 9 hours and only being given a half hour break. They do this to everyone my age, people older than me are expected to work from 8am-6:30pm with a 20 minute break! It's a very busy and stressful (not very nice actually) working environment and it's incredibly hard for a teenager to working 4-5 9 hour days in a row, and not even have enough time to go to the nearest local shop on their lunch break. It's ridiculous but how can I get through to my employer they are breaking the law without loosing my job as they are very patronizing and don't like being told they are wrong? I can't leave this job, it's the best pay I've ever had and I'm not in the financial position to just be a teenager and go to college and not work because i don't have a family to support me. I witnessed them fire someone on my first week because one of the nasty girls that worked there didn't like her, started bullying her, and pestering our boss (who's never even there to talk to) that this girl isn't doing her job properly. My boss never even saw the girl at work for more than 5 minutes and she sacked her just based on a rumour. I really don't know what to do.

Lisa87 16/07/2016 at 2:26 pm

I am working 8 hour shifts and I am alone in a petrol station when I do evenings. I can not have a break as I can not leave my workplace. Is that legal?

Petal 13/07/2016 at 8:23 pm

I work 6 hours and have been told I am not entitled to a break and as I work as a cashier at a very busy supermarket I get very tired especially my eyes! Can you confirm that this is correct. Thank you.

lou31 13/07/2016 at 5:37 am

Hi. Im a community support worker and i leave my house at 6:30am get home after 10pm at night and barely have a 2 hour lunch break all day, then i have to be up and out my house the next morning for 6:30 again. Is this legal?

Mj 11/07/2016 at 10:18 pm

Hi. Just got curious with break. My shift is from 4pm to 1 am. 6 pm (first break-15mins) , 8 pm (lunch-1hr-unpaid) then 11:30pm second break-15min ) emergency happened decided to go on half day and log on 8pm which was lunch time. No idea of half day and my TL did not reply on how my break schedule should be. I followed what said on the schedule. After i logged on i punched for lunch 8 pm and took calls by 9pm and took last break 11:30pm. But my TL said i should have phone time 4 hours not including last break. I was considered absent not half day. It was like in 5 hours i had 1 hour unpaid lunch and 15 mins paid break then 3 hrs and 45 mins phone calls. Would it be reasonable for me to be tagged absent?? Please help need to know the truth.

xrachiex 09/07/2016 at 8:04 pm

Our employer allows us to take a 10 minute break even though we only work 5 hours 8-1, recently they have decided we can no longer have this break which is fine, but they still allow the other staff that work 5 hours 9:30-2:30 to have their 10 minute break? Is this allowed thank you

shayna marie 06/07/2016 at 10:08 am

I worked a 7 hour shift for my new job at the time and was given no breaks, also got yelled at for asking about smoking. And, I also never received a check from this company.

Tc 25/06/2016 at 10:23 pm

What about a staff meal at the start of a shift. Also do these laws work in New York

WelfareAtWork Editor 22/06/2016 at 12:46 pm

Your employer is keeping within the law. Only if you work more than 12 hours will you be entitled to another break.

Jo 21/06/2016 at 6:22 pm

I work from 7am till 730pm and only get half hour unpaid break how much break should i get

tony 18/06/2016 at 6:49 pm

hi my partner works 7 10 and 14 hour shifts as a support worker and she doesnt get a break at all during any of these shifts is this illegal? also if she finishes at 10pm she will be starting at 8am the next morning which is only a 10 hour rest period is her company breaking the law?

WelfareAtWork Editor 17/06/2016 at 11:40 am

It depends what the terms of your contract is. Some employers choose to pay their employees over breaktime, many do not.

WelfareAtWork Editor 17/06/2016 at 11:34 am

By rights if the company was taking you to and from the workplace, then you should have been paid. You would really need to look at the terms and conditions of the contract that you agreed to when taking the shift.

None 16/06/2016 at 8:06 pm

Monday to Thursday hours are 08:00 until 16:30,Fridays are from 08:00 until 14:30 if i want a half day on a Friday what time constitutes a half day worked and when can i officially leave

WelfareAtWork Editor 16/06/2016 at 2:19 pm

If you are under 18, then you are entitled to a 30-minute rest break when you work for longer than four and a half hours, please see CAB which

Imrnarf 16/06/2016 at 1:31 pm

Hi, i do a 12.30 to 6.30 shift. If i get a break of half and hour should i still be paid for 6hrs or 5.5?

allen47 16/06/2016 at 12:22 pm

i was offered a shift of 5 & half hours at minimum wage but was expected to spend 6 hours in a minibus travelling to & from the job for nothing, is this legal?

Saf 15/06/2016 at 10:09 pm

At my job, I usually work a 5 hour morning shift, 9am-2pm. One of my managers never lets me have a 30 min break, despite the fact that I'm 17. She says that I don't get a break because I'm "only working 5 hours" and that it "isn't long enough for a break". I have spoken to my deputy manager about this because it is only ever her that never lets me and others have a break and she tells other managers to not let people have a 30 min break if they're doing 4:30 - 5 hours if they're under 18. Also, where I work, if over 18s work a 6 hour shift the managers don't give them a break... Is this allowed?

WelfareAtWork Editor 15/06/2016 at 10:56 am

Theoretically yes, as you should not work longer than six hours before you are entirled to a 20 minute break and as cited in the article, it should be taken in one block and not at the beginning or end of your day. Therefore, you may wish to look at the terms of your contract and speak to ACAS and then broach the matter with your employer once you have the correct information to hand.

Acce 14/06/2016 at 11:47 am

Hi there im working a 9:30am-8pm shift I am entitled to a 1 hour unpaid break and 20 minute paid break however my boss keeps giving me my break at 11am only 1 and a half hours after ive started therefore I have 8 hours left to do with only 20 mins. Is this wrong ??

Havana 10/06/2016 at 9:08 pm

My daughter is 15 and will be working a 6 hour shift on a Saturday in a bakery. How much of a break is she entitled to?

WelfareAtWork Editor 10/06/2016 at 2:05 pm

You would have to check your contract regarding this to see whether you are allocated a break. Otherwise it is at your employer's discretion, as you only have a legal right to a break once you have worked for six hours of more.

Vivian 10/06/2016 at 1:52 pm

Under normal circumstances we are not allowed a break if working part time, 5 hours a day. Does this rule change, am I allowed a short break while pregnant?

Volunge 10/06/2016 at 9:29 am

i am working in hospitality, commis waiters, and my work is in the kitchen, and there is hot, and we make hard work, or if i work 5.5 hours i am able take to 5 min break?
thanks

WelfareAtWork Editor 08/06/2016 at 2:52 pm

Unfortunately, your employer is legally obliged to give you a break after six hours and one that, as specified in the article, is somewhere in the middle of the day, not at the end or beginning.

WelfareAtWork Editor 08/06/2016 at 12:51 pm

You are only allowed another 20 minute break after 12 hours or more of work. You would have to read your contract to see if you are allowed a further break as it would be at your employer's discretion.

Julia D 08/06/2016 at 9:02 am

I am due to come back to work from my maternity leave. I work full time (8 hours and 30 min that is including the 30 min lunch break). I should start my work at 10am as per my contract and finish at 6:30pm. Can I finish at 6pm If I would decide to take my lunch break at the end of the day?

Danny 07/06/2016 at 6:51 pm

I work 11 hour shifts, start at 7 and get a paid 15 minutes break at 10:15 and a unpaid 30 minute break at 13:00 and finish at 18:30, I'm I entitled to another 15 minute break at 16:30?

WelfareAtWork Editor 07/06/2016 at 2:47 pm

It is rather long. You would need to read the terms of your contract to see what it says about the length of your break. If you agreed to it in your contract, then there is little you can do except to discuss this directly with your employer and request a change.

Jkopeke 07/06/2016 at 12:04 am

Hi,
I am working from 8am to 6.30pm with 2hrs and 30 min break and 30 mins of that break are paid by the company.
Is it allowed to have this massive break?

juls 03/06/2016 at 6:43 pm

Hi , ive been working in my new job and they haven't given me a contract also they have told me i only receive 15 days per year holiday working 5 day's a week , please could you advise me on this matter , kind regards juls

Lesley 03/06/2016 at 12:41 pm

Hi I have to go into work 20 minutes early every day so I can have a 20 minute break. My working hours are 7.40 until 6. Is this legal?

WelfareAtWork Editor 31/05/2016 at 12:17 pm

I can only suggest in this instance you give ACAS a call via whichIf you have been told you are not on a contract, then you would need to seek advice on whether your employer is working withn employment guidelines and to see what rights you have.

Tired 30/05/2016 at 11:40 pm

I just started work as a hotel housekeeper. It is a physical job and my hours are 9 til finish. I was told I was doing 9-2 but when I started that changed. I have also been tild I am not on contract so sick pay etc does not apply to me. I also don't get advance notice of hours. I get no break as on rota for no more than 5 hrs. I have to do rooms alone, sometimes the heat is phenomenal. I then have a 500m walk up a steep slope to get to the carpark.

I have been to the hospital once already after work with dehydration. Is this legal?

WelfareAtWork Editor 27/05/2016 at 11:55 am

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. If your employer is not keeping in line with this, I advise you to look at your contract to see what it says about work breaks and give ACAS a call to see if your employer is working within employment rights. With regards to whether your employer should pay you for a break, then this is up to his discretion and most employers don't pay an employer for their break these days.

Jc 26/05/2016 at 2:28 pm

I work 7 hours a day and paid for the 7 hours! My boss has told me I'm not entitled to a break in those 7 hours, he said If I want a break I have to come in early.. For example I work 10-5 if I want a break I have to come in at 9.30 then I can have Half hour. Is this right?

WelfareAtWork Editor 20/05/2016 at 12:41 pm

You don't say how many hours you work therefore it is difficult to calculate. However, as specified in the article, when you are working you have a right to 20 minute break for every 'six' hours that you work. Some breaks are calculated differently dependent upon the hours worked.

Em 19/05/2016 at 7:01 pm

Hi, at my workplace we are given two fifteen minute breaks. Is this legal? I keep reading that people are entitled to an uninterrupted twenty minute break. Thanks.

WelfareAtWork Editor 19/05/2016 at 12:22 pm

No, as specified in the article, your employer can tell you when to take it as long as it is taken in one block, and is not at the beginning or end of your day. First, you would need to look at your contract to see what the terms state and approach your employer directly. Please also I hope this helps - you can also give ACAS a call directly.

Djh 18/05/2016 at 6:16 pm

Hello I start at 6am and made to go break at 6.10am because we do slips. 1 at a time and there are 8 of us. We rotate. Is this allowed

WelfareAtWork Editor 16/05/2016 at 10:50 am

It depend if your contract contains a clause in it which allows your employer to do this. I should re-read your contract to see exacltly what it says.

Steph 15/05/2016 at 10:59 am

Hi
I have recently started working for a new company and my contract states that on an 8 hour shift i am entitled to a 1 hour lunch break (plus the 20 minutes to be taken as i choose), however upon commencing employment they have said that i can now only take half and hour and the other half to be taken on one of my 6 hour shifts.
Now i fully understand the Working Time Regulations but my question is can they change what is stated in my contract without any consultation from myself or other colleagues ?
Any help is much appreciated
Thank you

WelfareAtWork Editor 12/05/2016 at 2:16 pm

If you agree to the new contract then you you will agree to the terms. Many workplaces have unpaid breaks and lunches now, so unfortunately this is not outside the norm.

Rebel 11/05/2016 at 11:54 pm

After transfering to a new company under tupe we have had to re apply for our jobs they have cut our hours from full time to 5hrs 15 mins we have been told we have to take half hour breaks unpaid which means we are only getting paid 4hours and 3 quarters is this right?

Davey 06/05/2016 at 12:17 am

I'm a bus driver and a lot of the time due to traffic am late to my break which is unpaid for up to a hour but when get in for my break 36 minutes left of it and have been driving for 5 hrs 20 minutes be told I have to go back on the road in 35 minutes and then drive for another 4hrs 20 minutes is this legal can they make me only have 35 minutes or can I have my full hour if I don't want paying the 24 minutes I came in late ?

Amber<3 01/05/2016 at 8:34 pm

I have recently started work in a hotel/restaurant, I work in the kitchen washing dishes, drying them and putting them away where they belong, my working hours vary, but for example yesterday i worked 1-6 and got no break. Not even to go to the toilet or get a drink, today i worked 1-4 again the same no break not even for toilet or drink. I am 14 almost 15 by the way, and on the room where we leave our bags there is a note on the door saying all employees are only entitled to a 20 minute break every 6 hours they work... Tomorrows shift I am supposed to be working 1pm til finish close up time, which is 10pm ish... so in that whole time I will be working flat out really busy and not even have a toilet or drink break, so I am only entitled to 1 break of 20 minutes long in the whole 9 hours I will be working tomorrow ???? This is rediculous considering I'm only 14, i don't even get to stop washing or drying dishes for 2 minutes, and even today when I cut my finger they just gave me a paper towel for the blood and made me continue straight away! So I think personally they are breaking a law or regulation somewhere! Can someone please help me get an answer to this ASAP as im already thinking of quitting the job and I've only been at it for 2 days! But I feel so tired and feel like I am not getting enough breaks or rest, I have worked Saturday Sunday and due to work again tomorrow so that will be 18 hours I've worked over a period of 3 days with only 1 20 minutes break ... I don't think this should be acceptable.. Please let me know ....thanks :)

Mathew 01/05/2016 at 10:51 am

Hi there, I'm 23 and work in a call centre using computers the full time and working 8 hour shifts plus overtime if I want it. I have no complaint and they are exceptionally good at giving breaks. The one question I do have is due to it being office work what is the longest period of continuous work within a shift they can have me work between breaks?

I have heard different numbers which don't match the 4 1/2 hour rule.

Kind regards.

C 28/04/2016 at 3:58 am

So I work at chick fil a and I'm 16 I work mostly 4-10 on weekdays and sometimes on weekends I get longer hours; but they only give me a 15 min break but I heard that it was federal law that I'm suppose to get 20-30 mins. Am I correct or not cause I don't wana say anything unless it's true. And there was sometimes that I work 8 hours with only a 15 min break many times before.

Carmen 23/04/2016 at 12:54 am

Hello, I'm 21 and I work in a restaurant.... my problem is the opposite. If I work more then six hours without a break they take an half hour off anyway even if I didn't have a break. My issue is I can't almost every day work for free cause I don't take my break. How should I sort this situation cause they don't want to add my 30 mins and I don't want to loose my job or work less hours. Please let me know

Girl18 22/04/2016 at 9:07 pm

Hi there
I do 5 hours aday all in total 25 hours in a week. I was told I was only entitled 10-15 mins a day.
I also do alot off overtime when short staffed and still do the same break times.
But sometimes am very busy as staff off and it's hectic and don't have enough time too have a break.
I keep looking it up and the law changes all the time.
Am not as young as I use too be. Especially with injuries don't get me wrong I still do the work but slower use to do it quicker when younger (20yrs ago)
Thank you

WelfareAtWork Editor 20/04/2016 at 3:00 pm

You are only entitled to one 20 minute break by law until you go over a 12 hour shift and then you would be entitled to another 20 minute break.

Emmy 20/04/2016 at 5:26 am

I work 12 hours days or nights 4 times per week? What should my breaks and rest periods be

WelfareAtWork Editor 13/04/2016 at 10:38 am

You would firstly have to look in the terms and conditions in your employment contract to see if your employer is contravening what it says. As specified in the article; when you are working you have a right to 20 minute break for every six hours that you work. As well as rules about how much rest you are allowed within the working day, there are also regulations about how much time you should be given between shifts. You have the right to have at least 11 hours off between working days with this rising to 12 hours if you are under 18. You also have the right to a ‘weekly rest’ of 24 hours or 48 hours within a two week period. While there are some employers who are allowed to opt out of these rules for example, if you work in the security industry or work such as medical which needs 24 hour staffing - you are still entitled to rest but just in a different way. You get ‘compensatory rest’ with the idea being that everyone should have at least 90 hours off a week. If your contract differs from the hours you are working and the breaks you should be taking, then you would need to take this up in the first instance with your employer. If you need any further information ACAS are always on hand to ask and give advice.

bob 12/04/2016 at 7:00 am

I work 8 hours with no break in a printing factory.. And sometimes they make us work a 12 hour night shift 6pm till 6pm then get us back in at 2 pm for 8 hours with no break is this fair??

T 04/04/2016 at 4:53 pm

I'm 22 and work in supported accommodation placements where I work an average of 48 hours per week, 12 hour days and sometimes full 24 hours days. I do not receive a break at any point during the day due to limitations of the field I am in, although I still get 20 minutes unpaid for every 6 hours I work. Is this legal?

WelfareAtWork Editor 24/03/2016 at 12:55 pm

I can only suggest you speak with your manager directly and ask him/her whether she can allow you any extra unpaid time. The break time you receive is legal and the choice of what you wish to do in that time is essentially yours. However, it is unfortunate that this clashes with your childcare commitments. You are entitled to request flexible working, which is known as ‘making a statutory application’. Employees must have worked for the same employer for at least 26 weeks to be eligible

beefy 24/03/2016 at 12:32 pm

i am currently 2 weeks into a mandatory work program (where i work for my benefits- 30 hours a week for £73 + £7.50 a week for working)... i have placed in bnm- here it seems the workers are allowed a 1 hour lunch break and 2 15 minute breaks if they are working a 9-5. these are the hours i have been given as well- but the manager only lets me have 1 30 minute break that is deducted from my hours worked...is this legal? i sm the only employee(if you can call it that since they dont pay me) who is not allowed a longer break..

Helby 23/03/2016 at 8:38 pm

I work an 8and a half hour shift and get a half hour unpaid break, in that half hour I have to pick my son up from a babysitter and take him to nursery, I don't get time to eat or drink and it does effect my performance at work, my manager is aware of this and doesn't allow me time to eat or drink, is this legal as it is having an effect on my health???

WelfareAtWork Editor 23/03/2016 at 10:18 am

It depends what it says in your contract, you would need to take a look first and if you are still unsure, you could perhaps give ACAS a call to see whether your employer is working within employment guidelines.

Iro 22/03/2016 at 4:57 am

Hi. I get an hour and a half unpaid break but on numerous of times my manager asked me to stay in the premises just in case the new staff need me. My manager said she does it so she expects me to do it, although she is on salary and I get paid by the hour. Is this right?

mish 20/03/2016 at 11:27 pm

I am a night shift worker I work from 21.30pm til 08.30am how much break am I entitled to. I am given half hour unpaid but I'm a lone worker so I can't really leave my place of work

WelfareAtWork Editor 11/03/2016 at 11:38 am

Please see link to rest breaks at work here. I hope this helps answer your question. If you need any further advice then you should give ACAS a call.

Shaz 10/03/2016 at 1:36 pm

I work in a small coffee shop within a big named store and am a solo worker .i work 9 hours a day and am open for the whole of that time . As you can imagine I don't get any break . We are told if we need the toilet to , if it's quiet to put the back n 5 mins sign up and be back straight away .we are not allowed to leave the cafe for anything else and meals are taken in the cafe if it goes quiet . But we must leave it if customers come and very often it may take an hour or more to Finnish a sandwich with getting up and down every 5 mins .? Is this legal . I always thought a break had to be uninterrupted and pref away from the work place if possible .

lucy 08/03/2016 at 3:22 pm

Hi I work in a fast food restaurant and I am seventeen years old. Last week I worked an eight hour shift. When my shift got past the four and a half hours point I asked my manager for a break. However she only allowed to take a ten minuet break is that legal? My question is what is the minimum break time a seventeen year old is entitled after four and a half hours ?

Jim Editor 09/03/2016 at 10:53 am

@waz - there are many that would agree. I remember when breaks were an hour paid and you'd get a 15 minute one in the morning and one in the afternoon, and still work 9-5.

waz 08/03/2016 at 3:33 am

What is the work place becoming in the UK? We seem to be going in the wrong direction less breaks more hours less pay & no say! No wonder people are stressed. Where will it end..
..

WelfareAtWork Editor 07/03/2016 at 10:55 am

She is not entitled to a break unless she works more than six hours per day, it is up to her employer's discretion whether she is given one.

Cupcake 04/03/2016 at 11:43 am

My Friend has been offered a 'Little Job'...Hrs; 9-30 until 2-00pm,3 days a week.....for £75....I think this is totally wrong.....will she get a 15 min break (they say not).
Thanks

WelfareAtWork Editor 03/03/2016 at 2:56 pm

Your break is legal. If you work up to 12 hours you are still only entitled by law to one 20 minute break.

WelfareAtWork Editor 03/03/2016 at 12:53 pm

As specified in the article when you are working you have a right to 20 minute break for every six hours that you work. So I'm afraid this is legal, but she is entitled to a break once she has worked for over six hours.

Kim 03/03/2016 at 7:23 am

Hiya just wanted some advice. I work Thursday to Sunday, 7.40 am to 10.10 pm except on Saturday when I start at 7.10 am to 10.10 pm. Is the legally right ? I get 1 hour and 20 minutes break unpaid and would like to know if I am being taken advantage of. Thank you

Gord 02/03/2016 at 6:37 pm

My daughter works part time for a £ shop type outlet and she works 5hour shift, sometimes working till late she has just been told when stocktaking she must work the 5 hours without a break and must not talk to anyone or she will be put on report,

WelfareAtWork Editor 02/03/2016 at 12:31 pm

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Therefore, you are only entitled to one 20 minute break, unless you work over 12 hours. However, regardless of your job, you are still entitled to a break, which if can't be taken at the usual time, should be taken as near to that time as possible. You may also wish to check your contract which will tell you what break you are entitled to, and your employer cannot cancel what has been agreed to, unless agreed by you. Should you have any further questions regarding your rights, I suggest you give ACAS a call.

1413x 01/03/2016 at 6:49 pm

I work an 11 hour shift, what breaks am I entitled to. I woke in a high stress childcare job and our breaks have been cancelled

WelfareAtWork Editor 01/03/2016 at 12:37 pm

Yes, you are entitled to a 20 minute break.

Ks 29/02/2016 at 2:37 pm

Hi I am going to be working in an office 9.15am - 2.45pm am I entitled to any break?

WelfareAtWork Editor 26/02/2016 at 12:36 pm

The European Working Time Directive determines a 20-minute rest break (which includes lunch) if the working day is longer than six hours. Please see ACAS link hereif you need the official line in order to verify this with your employer.

WelfareAtWork Editor 26/02/2016 at 12:31 pm

Have a look at your contract and see what it specifies regarding work breaks, as every employer is entitled to one if they work six hours or more. Once you have this information to hand and there is a discrepancy, you should have a word with your employer directly about this. You may also wish to contact ACAS either through its online messaging service, or via the telephone.

Shelly 25/02/2016 at 12:41 pm

I have a new contract saying I'm working 8.45 till 3pm Monday to Thursday. I have to take an unpaid break of 15 minutes! As I'm working 6 hours 15 minutes I thought I would be intitled to a paid break of 20 minutes? My employee are saying this is incorrect. Can anyone help? Many thanks Michelle

longhours 25/02/2016 at 12:37 pm

I work in security, as a lone worker doing minimum 10 hour shifts. My employer has recently supplied a 'welfare facility', but as I'm not permitted to leave my position for more than the length of a short toilet break, it is of no use! Effectively I cannot take a break, or leave my work station for 10 hours.

WelfareAtWork Editor 24/02/2016 at 10:32 am

When you are working you have a right to 20 minute break for every six hours that you work, which means if you work for 12 hours then you are still entitled to only one break of 20 minutes. Once you work over the 12 hours, you would be entitled to another break.

Jimmy-ngm 23/02/2016 at 11:25 pm

Hello my boss is asking me to sign a contract for a beauty salon stating I am not allowed to treat anyone outside of work paid or unpaid. If I leave the salon I am not allowed to work in the industry for 6 months and I am not allowed to set up my own salon for up to 1 year after leaving the salon.
I only work part time and I feel really uneasy about signing this contract.
Can anyone give me advice.
Tia

nickalie 23/02/2016 at 6:37 am

I work from 11am till 23.00pm one day then 12pm till 00.00am the next wot breaks should I have please

Birdos 21/02/2016 at 1:16 am

Hi,
I work in a bar and restaurant
I worked Friday 5pm-12am with a 20min break, then saturday 7am - 11pm with 2x 30min breaks
Then I worked the sunday 8am-3pm
What are my rights?

Arlette 16/02/2016 at 10:05 pm

Hi, I work in retail and at least two or three times a week I'm required to work all day, 11 hours, managing the shop on my own.
I am aware of the law stating the right to a break when working over 6 hours, however is there anything about my circumstances? Do I have the right to lock the shop and have the 20 minutes break away from the floor or can my store or area manager impose that I be on my own without taking breaks of any kind or duration whatsoever?
Thank you

Halfpint 11/02/2016 at 6:07 pm

I do home care hours should be 7am to 2pm then 4pm till 10on if doing a split. Yesterday I worked from 7am till 4:30pm without a break surely my employers are breaking many rules and regulations. When it has made me ill like last night and today I get told off for saying I couldn't work due to really bad migraine which my employees know I suffer from as well as suffering from ceoliac disease etc.

WelfareAtWork Editor 11/02/2016 at 10:58 am

You can get more information whichYou can also contact ACAS directly if you are still unsure whether you qualify for additional breaks.

Blondie 10/02/2016 at 5:40 pm

Hi I am a night worker, I work a 10 hr shift and have an hrs lunch and 2 15 minute breaks either side how many hrs by law before I need a break some people are saying 6 but some one said to me that as night workers the law states after 4 hrs we should have a break which is true and if some starts at 3am and only works 9 hrs are they classed as a night worker

WelfareAtWork Editor 04/02/2016 at 12:22 pm

As you are on the six hour cusp, then if you work over the six hours you are legally allowed a break. But if it is on the six hour mark, it is up to your employer whether he/she allows you one or not.

Buzz 03/02/2016 at 5:19 pm

I work from 8 am to 2 pm am I allowed a break at work??

WelfareAtWork Editor 02/02/2016 at 12:03 pm

First of all, with regards to your previous hours - you cannot be forced to work over the number of hours in your contract and you could have legally refused the 8.30am start if your hours were contracted as a 9am start. If you object to the number of new hours you have been allocated, it is always best to speak to your employer as soon as possible if you disagree. If your contract limits your working hours/days (for example from 9am to 6pm), your employer can request that you change these hours, but cannot force you to do so. It is always worth discussing any requested changes with your employer as you may be able to agree with your employer a compromise that suits you both better.

Confused 01/02/2016 at 7:39 pm

I currently work in a busy office environment on the front desk. When working on my own, I worked an 8:30am-5:00pm shift although my contract stated 9:00am-5:30pm (you may be required to work beyond these as the Company shall require based on business needs - my contract states). Recently a new staff member was brought on to help manage the workload as it had grown. When the new staff member started, the manager decided they now wanted the desk to be covered 8:00am-6:00pm with a split on the shift. I wasn't consulted and haven't signed a new contract stating a change in the hours but having worked on the desk I don't feel there is a benefit to the company for the desk to be covered till 6pm. I was simply told these are the new hours, where do I stand??

WelfareAtWork Editor 01/02/2016 at 12:32 pm

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Which means your employer doesn't have to give you a break if you are working a straight five hour period. I'm a bit confused over whether or not you are paid for your drive and whether this constitutes as part of your working day. I can only suggest you check your contract to see what it says.

forgotten 31/01/2016 at 4:49 pm

Hi, i would like to seek some advice in my case. At present i only work one day a week, term time only, delivering a specialist service 10am-3pm.
I also have to drive to the place , which is 1,5 hour at least each way.
I used to get only paid for the working hours (9am-12.00 and12.30-3.00), which is spent in class, having 30 min break unpaid in between the blocks.
Since the working hours are changed i am told i am not entitled to have any break in the 5 hours period.
Question: as the drive is part of my working day , since the law changed last year, how often and for how long i should be entitled to have break time offered?
I am over 18 years old....
Thank you

WelfareAtWork Editor 21/01/2016 at 11:45 am

Yes, this is legal. As specified in the article, you have a right to 20 minute break for every six hours that you work. Meaning you can work for 12 hours and still only be allocated a 20 minute break. On another note, you don't say how old you are, but if you’re under 18, you can’t work more than 8 hours a day or 40 hours a week. See gov.uk link here regarding working hours here.

Vicki 20/01/2016 at 9:31 pm

I work in a nursery and when I started and signed my contract I signed to agree to a 8am till 6pm shift with an hour break for my dinner. They are now saying they're bringing in new contracts which state we ar only allowed a half an hour break. Is this allowed by law? I'm being asked to work a 10hr shift with a half an hour break. On my feet all day too.

Amy 16/01/2016 at 2:25 pm

Hello i work more than 6 hours every day, sometimes I work 10 hours and don't get a break at all.. I still get my breaks taken off me every shift (even though I haven't had them) is this illegal? Surely they can't take money off you if you haven't had your break?

WelfareAtWork Editor 14/01/2016 at 2:43 pm

Your hours of break will be listed in your employment contract. But as everyone under the European Working Time Directive, you will be entitled to 20 minutes for every six hours or more you work. Some companies offer more, therefore you will need to read your contract to find out.

Davidson 14/01/2016 at 2:02 am

Hi I'm working a 8 and a half hour shift at Coles, and I was just wondering what hours of break am I entitled to?

WelfareAtWork Editor 11/01/2016 at 12:59 pm

Firstly, she should have a look at her contract which will state when she should be paid. She would then need to take this up directly with her employer, if it differs from what the contract states. She is also entitled to a break when she works more than six hours. If she is not satisfied with her employer's response, she should get in touch with ACAS who should be able to advise.

Claire 10/01/2016 at 11:46 am

My daughter is 17, works on a zero hour contract at a local leisure centre. She has not been paid since she started in October15 and regularly works 6.5hrs without a break. This is right.

WelfareAtWork Editor 06/01/2016 at 11:53 am

You haven't said whether you are required to work this hours across seven days, or the four as suggested in your initial sentence, therefore it's a tricky question to answer. ACAS states that where a worker is on-call or on standby but is not required to remain in the workplace or at a place determined by the employer, and they are free to rest or partake in social or leisure activities during the times their services are not required, only 'active time' if they are called up will count as working time for this purpose. ACAS specifies this in its article: Does on-call time count as working time? You can access this article via its website and if it does not answer your question in full you can either call or chat online to an adviser. I hope this helps.

jim 05/01/2016 at 5:23 pm

I am a caretaker and have just worked 96 hours in 4 days on call and on site doing security and manual labor I have been put onto the Rota on lates which is 2 til 10 on site and 10 til 6 off site on call is this legal and do they require to give me a day off in the week of lates?

red 02/01/2016 at 9:11 pm

I work 6 hour shifts in a petrol station .I'm not allowed to sit down so I'm on my feet all the time .I very rarely get a break even if I ask for one .my boss goes home early and leaves me on my own .I've tried telling him I'm entitled to a 20 minute break but it falls on deaf ears .what else can I do .it's stressing me out

WelfareAtWork Editor 22/12/2015 at 1:46 pm

You would need to look in your work contract to see how long your break is. Your line manager may just expect you to take your break without instruction. The very least you need to do is speak with your line manager and ask what time your lunch break is, and whether you can take it without instruction, then you should take your break at that time. If you are quiet and don't speak out, then other staff may overlook your need for a break. Therefore as difficult as it may be for you, you need to assert your rights.

Shyladt393 21/12/2015 at 10:25 pm

I work in a retail shop and I am a quiet person so I work in the fitting room and sometime I don't get a lunch break because no one come and tell me to go on a break I do ask them oh I didn't have a lunch break and they get really angry with me and say okay go have a 15 mins break.
Are they allowed to do so and what can I do?

WelfareAtWork Editor 17/12/2015 at 9:53 am

You would have to read what it says in your contract. Yes, you are entitled to a break away from your station (20 minutes for every six hours or more you work). However, because of the nature of your job, there may be clauses in your contract. If your break is at odds with the terms of your contract, you would need to either speak with your employer and if this still could not be resolved, give ACAS a call.

kay2590 16/12/2015 at 12:32 am

Hi. I work in the care industry and currently doing domicilary care im doing 10 hour waking night sits and dnt get a break am i still entitled to a break even though im just sat here doing obs every hour on breathing ect..tia x

WelfareAtWork Editor 15/12/2015 at 12:42 pm

When you are working you have a right to 20 minute break for every six hours that you work, meaning if you work 'more' than six hours you are entitled to one.

exhausted 13/12/2015 at 4:14 pm

I work exactly 6 hours per day and management tell me I am not entitled to any break unless I am working longer. Is this correct or are they misunderstanding the rules? Thank you

Jari Editor 11/12/2015 at 2:27 pm

@fubu - it is currently being promoted as being good for you and people are trading in their sitting desks for standing ones. So yes it is legal and in fact it is supposed to benefit your health.

fubu 11/12/2015 at 12:55 pm

is it legal for my employer to keep me in my feet for 4 hours? telling me i'm not allowed to sit? is it safe?

WelfareAtWork Editor 10/12/2015 at 2:23 pm

As specified in the article you are legally entitled to a 20 minute break for every six hours you work. Have a look in your contract to see what it specifies. If your contract is at odds with what your employer is asking you to do, then you then you should take this up with your employer directly in the first instance.

Josee 10/12/2015 at 10:59 am

I do community care work I have been given a9 hour shift with half hour break we don't get travel time so I will have to use that half hour to catch up so won't get any breaks is that legal

WelfareAtWork Editor 09/12/2015 at 12:51 pm

As specified in the article, you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. If you are not being given a break, you should in the first instance refer to your contract and see what it says, then you should take this up directly with your employer.

WelfareAtWork Editor 09/12/2015 at 10:27 am

It is up to your employer whether to pay you for your break or not. As long as you can actually take a break away from your work, your employer is within its rights.

elinorac 08/12/2015 at 3:51 pm

Hi,
I work in a coffee shop and I work no less than 6 hours a day, lately 7 and 9 hours a day without so much as a sip of a drink. Is this legal?

WelfareAtWork Editor 08/12/2015 at 2:43 pm

Your employer can change the terms of your contract if you agree with it. Your company is not working outside employment guidelines by changing your break time, as the new arrangement still falls within the European Working Time Directive.

Jussy1970 08/12/2015 at 2:17 am

Hi, I work in a care home on night shifts. I get a 45 minute break (unpaid) I can't go home as it would leave us under staffed. Have they got the legal right to make me have my break unpaid as I can't leave the building?

ollie 07/12/2015 at 9:14 pm

i work from 8 till 4 half an hour for lunch now its we use to have 15 mins in moringing an 15 in the afternoon now they have change it to 5 mins in moring an 5 mins in afternoon did not think they could do that

WelfareAtWork Editor 04/12/2015 at 11:39 am

If you are working more than six hours then you are entitled to a break. However, your company may expect you to factor this in yourself if you are out on the road. Have a look to see what it says about work breaks in your contract. I hope this helps.

Aber 04/12/2015 at 12:29 am

Im often asked to make home delivery's over a six hour period but with no rest break can my employer do this?

WelfareAtWork Editor 02/12/2015 at 10:52 am

Yes, you are allowed one break of 20 minutes for every six hours you work - meaning your employer is working within working time regulations and not breaking any law. Plus, your employer is under no obligation to pay you for this break.

WelfareAtWork Editor 02/12/2015 at 10:41 am

Your contract will tell you whether your breaks are paid or unpaid. Your employer is under no legal obligation to pay you for these.

Muomuomuo 01/12/2015 at 10:47 am

I work 9 h shifts, 5 days a week, I get only one break (30min) and this break is unpaid. Does my company has a right to that ?

Loulou 01/12/2015 at 9:28 am

I work as a nursery nurse looking after children. My shifts are either 8-5 or 9-6 on a daily basis and i work 4 days a week. I get 2 15 min breaks one in morning and the other in afternoon plus i get half hour for my dinner. Should i get paid for these breaks or not on the hours i work?

Greg Editor 26/11/2015 at 12:59 pm

@minto it is not up to the company to provide for you if you forget your money. You could always borrow some from a colleague.

minto 26/11/2015 at 7:31 am

I work in a court cells area ,as a custody officer .my shifts started at 8 am the other day ,I had half an hour lunch break from 12 til 12.30 which I am paid for ,the other night I had to work til 8 o'clock , I was allowed another break of 20 minutes later on but as I did not have money with me ,I couldn't buy dinner and I was starving.Does the company have an obligation to feed me ,as I had gone 7 1/2 hours without food ? I am contracted for 35 hours a week ,5 days a week starting at 8am

WelfareAtWork Editor 25/11/2015 at 10:55 am

As specified in the article, some workers are exempt from specific work breaks, which includes retail workers. However, they should be entitled to 'compensatory rest' rather than specific rest breaks, please see CAB whichThe details of your working arrangement should be outlined in your contract. I hope this answers your question.

Ejmc 24/11/2015 at 2:56 pm

I have to work 9-6 3 days a week without any break. However as I serve members of the public in a store the work is not continuous & I can sit down behind the counter. I eat my lunch at the counter and will still serve even when I'm eating. I earn minimum wage despite being a manager. Is this allowed? Thank you

WelfareAtWork Editor 18/11/2015 at 11:27 am

Yes, if they include this in their contract and the employee agrees to it.

Rhosoftherovers 17/11/2015 at 5:37 pm

Can an employer force staff to take an unpaid 30 min break in a 7 hour shift?

WelfareAtWork Editor 10/11/2015 at 1:53 pm

You should be able to, much depends on what is in your contract and there may be other reasons why you can't take a full break (depending upon your type of employment). Please see gov.uk link here for an explanation regarding exceptions. However, if there is no good reason why you are not allowed your break then you should speak with your employer directly, or you could call ACAS for more information whether your employer is working within the guidelines.

louby 09/11/2015 at 7:07 pm

I work nights normally 48 hrs a week my employer has been taking half an hr pay off my wages for this break but i am not allowed to leave the building and if needed i have to abandon my break which to be honest we never get

Joejohnson 08/11/2015 at 4:30 pm

My daughter worked form 10:00 till 5:30 she was given a 45 minute Break at 4:15. Is this correct I'm asking because I need to know if she should complain.

WelfareAtWork Editor 04/11/2015 at 11:52 am

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day. You would first need to check your contract to see whether this is specified, if not, then you should approach yuor boss about this in the first instance. You could also give ACAS a call if you need any further advice regarding whether your company is working within the employment guidelines.

WelfareAtWork Editor 03/11/2015 at 2:51 pm

No, workers are entitled to take their 20-minute break away from their workstations or desks. Please see ACAS link here for more information on this and exceptions to the rule.

Mjs61 03/11/2015 at 9:16 am

I work a 14 hour nightshift, I am given a 30 minute unpaid lunch break within the first hour of the shift and no more tea breaks are specified! Is this correct and what am I entitled to?

T90C 02/11/2015 at 8:00 pm

I work 9-5 and have a 2 15 min breaks and a 30min lunch but during both I'm expected to still work is this even classed as a break?

WelfareAtWork Editor 02/11/2015 at 11:56 am

As specified in the article, you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Please also see article: Unpaid Overtime: Know Your Rights, whichI hope this helps.

mark 01/11/2015 at 5:47 am

I work 8 hours a day and have been told that I have to stay behind for extra hours or it could lead to dismissal we are also expected to do this without a break and work for 5.5 hour's straight as we have our 1 30 minute break after approximately 3.5 hours just wondering if this is compliant within legislation

WelfareAtWork Editor 30/10/2015 at 10:16 am

Please see the gov.uk link here which gives you more information on working a night-shift and the breaks you are legally entitled to.

Mobetter 29/10/2015 at 4:53 am

I work in hotel industry, particularly the graveyard shift. I am the only employee on site during my eight hour shift ( 11-7) I am expected to be at the front desk without a break for entire shift. Do I have any rights to a reasonable break during my shift each night? i would like to be able to take a 15-20 minute power nap without being scrutinized or facing disciplinary action for doing so.

Paula 25/10/2015 at 1:14 pm

My employer made me sign to waive my right to a max of 48 hours a week and told me if I didn't, not to bother coming back on Monday. We work 10 hours per day, 5 days per week wth a 1 hour lunch break deducted from our salary and 2 X 15 min breaks deducted. Apparently it's an "unwritten rule" that people with my job title don't take the 15 min breaks- however this money is still deducted from my wages. These15 min breaks and the lunch break are also the only time we're allowed to leave our desks to go to the toilet or get a hot drink. Someone recently had a written warning for going to the toilet outside of this time because it happened in the same day that he got himself a drink outside of these times! Am I right in thinking they're breaking the law here??!

Davo 25/10/2015 at 11:16 am

My daughter went into work on a 8 hour shift after 1 hour she was made to go on her 1 hour dinner is this legal

biddy 24/10/2015 at 5:47 pm

I work a 4hr shift. At the moment I am given a paid 15min break. Can I be made to take an unpaid break during this shift under the new pay arrangements, or can I legally not take a break?

WelfareAtWork Editor 23/10/2015 at 2:46 pm

Yes, as specified in the article, you have a right to 20 minute break for every six hours that you work.

leigh77 22/10/2015 at 8:58 pm

I am doing 6 hour shifts and my employer has told me I have no right to a break because I don't work over six hours and that the law says you are entitled if you work more than 6 hours.

WelfareAtWork Editor 21/10/2015 at 11:11 am

I suggest in this instance you give ACAS a call to see if there is a way around this and what your best options are if your employer will not agree.

Leiabeer 20/10/2015 at 10:08 am

I work just a 6 hour daily shift 0800 - 1400, so 30 hours a week, I'm being forced into a 30 minute unpaid break during this 6 hour shift taking my finish time to 1430, I've requested not to take this unpaid break and work just my 6 hour shift as my job is neither stressful or strenuous, this request has been denied, can my employer force me into taking this break which I do not wish to have? as under the WTR I was under the impression that I'm not entitled to an unpaid lunch break as work no more than 6 hours.

WelfareAtWork Editor 20/10/2015 at 9:54 am

I think the best course you can take is to discuss this with your employer directly to see whether it is compulsary to take the break. You don't say what the other staff feel. If they too are in disagreement with the proposal, then you could either broach your opposition singularly or as a united workforce. If you take the latter approach, you may want to contact your union rep to discuss your options.

taffy 19/10/2015 at 2:51 pm

at the moment we are being told that the contracts will not be getting changed

WelfareAtWork Editor 19/10/2015 at 2:33 pm

If the break is unpaid, and you sign the contract to allow this change, then you will still not be paid for it whether you choose take your break or not.

taffy 19/10/2015 at 2:06 pm

can an employer force me to take an unpaid 15 min break in my contracted working shift of either 4 or 6 hours -currently we are paid for these breaks but if the pay offer is accepted all breaks will be unpaid .my contract is 30 hrs 5x6 hr shifts and i will only be paid 28.75 hrs after breaks which will be deducted automatically

twyfordlad 14/10/2015 at 8:44 am

does having to wash your hands before a break come into the employers time or the employees break time?

WelfareAtWork Editor 07/10/2015 at 1:56 pm

I'm afraid even if you are standing for nine hours, you are still governed by the statutory employment law outlined in the article, where you have a right to 20 minute break for every six hours that you work.

Penzo 06/10/2015 at 7:27 pm

Hi can you let me no in a job where you are standing up for nine hours are we entitled two more than a 1 hour dinner break

dano 06/10/2015 at 7:05 pm

My work doesn't give me paid breaks and lock's us in the premises . can we leave the building for our break's even though its against company policy

Fee Editor 21/09/2015 at 3:04 pm

@reallyrubbish - it's cutting a fine line, but is is still legal as it is not at the end of the day.

reallyrubbish 20/09/2015 at 11:51 pm

Hi, my work are currently really short staffed and lunch cover is difficult. We work 9.30-5.30 and sometimes lunch break (30 minutes unpaid) isn't until 3pm/3.20.

Is this legal as it isn't at the end or beginning of the shift? Thanks

Chacha 18/09/2015 at 1:14 pm

My friend is working and has not had a break what penalties would he be getting for not having one.
He has been told me he wouldn't be getting any is that right

WelfareAtWork Editor 17/09/2015 at 12:32 pm

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it 'off' the premises. However, your employer does not have to pay you for your break. If you have any further questions about your employer not letting you leave the building you should give ACAS a call for some further advice. I should also see your contract and whether it specifies anything about why you should not leave the premises at breaktime.

val 16/09/2015 at 1:22 pm

A new company has taken over at work and we ha e been told we are not allowed off site during our lunch h
break but we don't get paid for the break is this lawful?

Rusty 14/09/2015 at 9:55 pm

My son is 19 and works in a pub , in a 13 hour shift he was only given a 10 minute break , surely this is wrong ?

lauren 25/08/2015 at 11:57 pm

I work in a residential home as a senior carer, the staff was always paid for our breaks until recently. Can my employer stop paying me for my breaks? I work 36 hours per week but only paid for 33 now, there is no contracts in place as my employer says he will get round to this and has been for the past 6 months. I am also expected to be on call during my break if theres an accident or emergency.

WelfareAtWork Editor 25/08/2015 at 10:57 am

Hopefully, this will sort itself out once you get into the swing of things. In particular cases and jobs, employers may be exempt from standard rest break provisions and can be legitimately asked to work through their breaks, for example if there is need for continuity of service. In these cases, you must be offered an equivalent period of ‘compensatory rest’ wherever possible. By offering you the compensatory rest at the end of your break is not illegal. However, you should try and organise your break with your employer, so that you get it near to your official break time as possible. Should you have any further questions you can call ACAS, who will advise you further.

TERI 24/08/2015 at 12:33 pm

Hi,

I have recently started to work for the harvester, I worked a 9-5 shift on Saturday Waitressing, around 11 I asked my manager for a quick cigarette break to which they agreed, I was out side for roughly 5 mins. Around 2.30 I asked when my break would be I was told she would find out as another manager was sorting them. I then had to ask again and was told I wouldn't have one as it was so busy and to leave at 4.30 rather than 5. I was absolutely shattered, worn out and need just 10 mins to myself. This wasn't allowed. When I asked the big manager I was told "you had a break this morning" to which I replied (I had a cig for about 5 mins) That is not a break. Can anyone advise on this please, im not to sure where to turn and I will be working some long shifts there going forward

WelfareAtWork Editor 24/08/2015 at 10:07 am

As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. I would check if there is anything in your contract that specifies otherwise and if not you should approach your employer about this matter directly. Also, if you need any further clarification, you should give ACAS a call.

WelfareAtWork Editor 21/08/2015 at 11:16 am

Before your written warning your employer should have made the best effort to resolve any problems by having an informal conversation with you about your behaviour, which in turn would have given you a chance to explain your reasons. However, this is not obligatory and your employer may initiate the disciplinary process, regardless. I assume you have spoken with your employer about your kidney problem? A note from the GP may have helped/should help your situation.

Jasonring 21/08/2015 at 7:50 am

Hi .. I work in a recycling site and my boss says I'm not allowed to leave the premises during my unpaid lunch break when there are only two staff on site. Is this legal ?
Thanks

Karan 20/08/2015 at 7:16 pm

I've recently started a new job it's a 0 hour contract for just weekends and on saturdays i work 12-6, am i entitled to any breaks or is the 20 minute break only if you work more than 6 hours?

WelfareAtWork Editor 20/08/2015 at 11:47 am

You can access the CAB link here which explains further about exemptions and compensatory rest. If you have any further queries you could also give ACAS a call.

muncher 20/08/2015 at 9:41 am

ive recently been given a written warning for going to the toilet excessively from my employers
I drink a normal amount of water but I have a kidney problem
Are they allowed to?

Barb 19/08/2015 at 10:37 am

I've had two interviews now for retail jobs were they won't allow a propper lunch break they wanted me to eat my lunch behind the till in quite time in shop standing up! Basically that would mean your on your feet from 9am to 6pm with no rest break at all! I'm sure that's no legal!

WelfareAtWork Editor 14/08/2015 at 2:03 pm

You can dispute this, especially if this is your only break during the day. As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, and it is not at the beginning or end of your day.

WelfareAtWork Editor 14/08/2015 at 11:39 am

You would have to check what it says about your breaks in your contract. You don't say how much lunch you are allowed and the reasons why your employer doesn't allow you to leave your desk. I would need more information in order to be able to advise.

smithy 13/08/2015 at 7:50 pm

I work full time, start work at 7am and my employer forces us to take a 20 minute beak at 7.30am. Is this right or can I dispute this?

WelfareAtWork Editor 13/08/2015 at 2:52 pm

You should firstly take a look at your contract to see what it specifies with regards to your lunchbreak. If you feel you are being treated unfairly you should take this up with your boss directly.

WelfareAtWork Editor 13/08/2015 at 2:00 pm

It may be advisable to look in your contract to see whether it is specified when work breaks can/should be taken. If you are unhappy with this, you would have to raise this up with your employer directly.

Maaaa 13/08/2015 at 11:44 am

I work mon- fri 9-5 and don't get a break away from the desk. I am 9 weeks pregnant is this legal?

spencer 12/08/2015 at 9:08 pm

From September 1st I move to a 37 hour contract with no paid breaks. My employer has told us that we can't leave the building as they provide a non-working area (the staff room) and may be required to help out if needed by other staff while we are on our break. They are also saying that if you are called back from your break that we are just to go back and finish it when we have finished what we were called back for. I work in a Health Club so they are also saying that we have to stay due to possible first aid incidents. Is this right?

diddy 11/08/2015 at 6:15 pm

I work 9-5 monday to friday my boss stated at my interview i get 40 minutes for my lunch break i have never once left the office to have my lunch break and if we order food in to work they expect us to carry on working whilst having something to eat i wanted to know being as i don't have a lunch break could i leave work 40 minutes early to make up for it?

Rocb123 11/08/2015 at 2:49 pm

Being forced to take 45min break just under 2 hours into an 8hr shift?

WelfareAtWork Editor 11/08/2015 at 12:57 pm

As specified in the article, if you are working six hours or more you are also entitled to 11 hours off between working days. I should check your contract to see if it says anything about shift changes. Also, give ACAS a call in order to see whether your employer is operating within the law.

Chelsea 09/08/2015 at 9:30 am

I work 6-2 and 2-10 on rotating weeks I have been asked to go straight from a 2200hrs finish to a 0600am start the following day, is there a law to how much time I am allowed within shift changing times.

WelfareAtWork Editor 05/08/2015 at 9:46 am

@bongo - yes, if it is his official day off then it shouldn't be classed as a holiday day.

bongo 02/08/2015 at 9:13 am

If my husbands eleven hour break falls on a day he booked off can he claim back his holiday. Because he would have been off had he not booked the holiday.

WelfareAtWork Editor 04/08/2015 at 12:06 pm

@shaz - as specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. I hope this helps.

shaz 01/08/2015 at 2:53 pm

I'm sat on very busy tills, can you tell me how long I should do this before entitled to break.

Matty 31/07/2015 at 1:35 am

I did a 9 hours 45 mins shift! The union said I can only work a shift of 9 hours and 30 mins in retail on 1 day!

WelfareAtWork Editor 31/07/2015 at 2:15 pm

@Jo - if you are working a six hour shift, then as specified in the article, you have a right to 20 minute break for every six hours that you work. You may want to give ACAS a call to see what your rights are if you think your employer is bending the rules.

Jo 30/07/2015 at 11:06 pm

I work a 16 hour week so I do a 6 hour shift and 2 5 hour shifts I have been told I am only allowed to take a ten minute break is this true?

gillypop 23/07/2015 at 9:43 pm

HI i work in retail and my contracted hours are 21 hrs a week over 3 days, normally 9am - 5pm. I am being told i have a lunch break, unpaid for an hour. Which i have, so far in the three months i've been there, not been able to take. Due to the fact that the shop is busy and i am often working and running the shop alone. My manager also wants me in by 8.30 to open up the shop and by the time i've done the banking i don't actually finish working until 5.45/6pm. The extra hour and a quarter i work outside of the shops opening hours are not paid. My question is, am i legally entitled to take the hours break, for lunch, away from the shop or in the rest room, that i don't get paid for?

Break time 20/07/2015 at 12:07 pm

I work from 9am to 3pm do I get a break?

Nike 17/07/2015 at 9:27 am

I am not phoning anybody i am just looking on Facebook and stuff and i was told that i could use it or anything else like it we don't have a staff handbook and we have no books or magazines and i don't know what to do,please help.

WelfareAtWork Editor 13/07/2015 at 11:01 am

@Jan - I think in this case you may have to give ACAS a call via whichFrom what you say, it seems your employer may be flouting the European Working Time Directive.

Jan 10/07/2015 at 7:26 am

I am made to lone work in an area which is tucked away from any main buildings, I start 8.30 and finish between 7 - 9 pm depending on what my employer states, I am told I can not leave the building and not take any breaks, I work in retail so face to face customers as well as phone.

I have told them I am entitled to lock the shop up go for a break but my regional manager refused my request, I also have to work 8 plus days at a time with no days off a lot of those is lone working.

Jennifer 07/07/2015 at 10:07 am

I work 12-8am at a truck stop by myself. I sometimes am forces to take my break as early as 1230 am, but other times, I am not given a break at all. I don't want to get my manager into trouble, but I know this is not right. What should I do?

Robbie 05/07/2015 at 5:58 pm

My Daughter started an hairdressers apprenticeship back in March aged 17 she works 42 hours per week for £2.54 per hour. Her boss doesn't allow them a full break it's a case of have a sandwich when you can policy. The place is never not busy the other day with the heat and working solidly for 5 hours whilst doing a ladies her nearly passed out. The customer went and spoke to the owner who eventually told my Daughter to take a break is this right? He doesn't even allow her to use her mobile phone during her break. I have told her to go out of the shop and have her full 20 minutes break and eat away from the shop so he can't dictate.

WelfareAtWork Editor 07/07/2015 at 12:29 pm

@COL - as specified in the article you have a right to 20 minute break for every six hours that you work. You need to refer to your staff handbook/contract with regards your company's policy on mobile phones etc. Should you not be getting your break, you might want to approach your employers to inform them they are acting against the European Working Time Directive. If your employer does not take your comments on board, then you may want to give ACAS a call in order to see what the best route forward is.

COL 04/07/2015 at 6:34 pm

I work 9 hour's in office per day and never take a break is this WRONG can I take a break or will this be in my contract my employer say's NO MOBILE PHONES in office I can eat drink chew open door and smoke I DON'T get a break aslong as I answer the phone it's allowed is this breaking the law PLEASE HELP

WelfareAtWork Editor 03/07/2015 at 2:21 pm

@poppyj - if you are being deducted a break, then you are entitled to that break. You should refer to the terms and conditions of your contract to see what it says and then approach your boss directly. Should you wish for any more clarification give ACAS a call.

poppyj 02/07/2015 at 2:10 pm

My employer is taking a 15 min break out of me daily [ which I don't take ] but this break is coming out of my actual contracted hours, I know this is wrong, help

WelfareAtWork Editor 01/07/2015 at 10:31 am

@Kay - as specified in the article, there are regulations about how much time you should be given between shifts. You have the right to have at least 11 hours off between working days with this rising to 12 hours if you are under 18. You could check with ACAS via the link here in order to find out whether there is an exception to the rule in your line of work. You also may want to read your contract first in order to see what it stipulates.

Kay 28/06/2015 at 12:31 pm

Hi il be starting work on the 15th of july, also shift work involved involved, thwy want me to work 2 oclock until 10 o'clock at night on a Friday then they want me back in by half 5 Saturday morning to work until 2 in afternoon, are they allowed to make me work these hours or am i entitled to atleast a 11 hour break from 10pm friday night beforw i start work on the Saturday.? Would be very greatful to here some answers as its all new to me and im very unsure about it all.

WelfareAtWork Editor 23/06/2015 at 10:09 am

@Pixie - Yes, if the details of this are in your employment contract saying this and you have signed the contract, then your employer can specify its terms and conditions. You need to check out your contract, to see what it says.

Pixie 20/06/2015 at 12:02 am

Hi I work as a relief cleaner , I do 40 hours a week and get 45 mins break which I normally have 3 15 min breaks my employer doesn't pay breaks but I'm expected to add the 45 mins on to my daily shift which means I'm working nearly 9 hrs a day please can you tell me if this is legal
Thanks
Pixie

WelfareAtWork Editor 22/06/2015 at 10:44 am

@sunlight - it seems a lot of breaks if you are working only 21 hours per week when the statutory minimum is 20 minutes for every six hours you may work. However, your company can change your breaktimes, if it specifies in your contract that changes can be made, so you will need to read through it to check.

sunlight 19/06/2015 at 7:20 am

My contract is for 21 hours a week and we have always had a tea break morning and afternoon (paid) and an hour (unpaid) for lunch. Under new management they now want us to have a 15 min break morning and afternoon and 1/2 hour lunch break (still unpaid) and if I want an hour to take the time from my holidays can they do this as the hour I have is unpaid anyway and if I have 1/2 lunch break I will be working 22.5 hours.

WelfareAtWork Editor 17/06/2015 at 10:51 am

@Felixstowe - As specified in the article, you have a right to 20 minute break for every six hours that you work, which means that if you work 14 hours you are entitled to 2 x 20 minute breaks. I hope this helps.

Felixstowe. 14/06/2015 at 10:40 am

Hi,I currently work 14 hour shifts,could you please tell me break allowances I am entitled to as all I that Ive read do far seem a bit vague.
Thanks.

WelfareAtWork Editor 16/06/2015 at 12:56 pm

@Nathan - I'm afraid it is. For more information see the ACAS paper; 'heads in the clouds: Do smokers get too many breaks?', whichI hope this helps clarify your employer's reasons.

Nathan 13/06/2015 at 6:58 pm

ok i work as a door man at nights for 5 hrs the guys smoke so take 3 smoke brakes 5 mins long for 5hrs work and the emplyer wants them to work 4 hrs and have one some brake is this fair and right

WelfareAtWork Editor 16/06/2015 at 10:18 am

@Wizz - Yes, as specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. However, you will find that many employers are more generous in their break-time offering.

Wizz 13/06/2015 at 8:19 am

I have just been looking into this for a friend of mine Who told me their new employer said they had to work for six hours before they could take a break I thought surely this can't be right so I am absolutely amazed that this is the law having to work six hours without a break is crazy in my view on the government should be ashamed of themselves for this law and I'm sure in some situations this would be downright dangerous

WelfareAtWork Editor 08/06/2015 at 3:04 pm

@Saz - as suggested in the article, you are entitled to 11 hours off between working days. I hope this helps.

saz 06/06/2015 at 6:25 am

I work as a residential support worker ive just worked 09.00-21.00 shift on the sunday monday tuesday andd than a 21.15-07.45 hour shift on wednesday thrusday friday and saturday...are they alloweed to get me to do a 14 hour on the monday bare in mind i didnt finnsh work till 7.45 on sunday they want me back at 7.30 on monday

dangerous 05/06/2015 at 8:18 pm

It really is not that difficult,if you work more than 6 hours you are entitled to a 20 minute break normally in the middle of your shift.Your employer cannot award this break at the beginning of your shift or at the end ie let you go home 20 minutes early.You are aloud to take that break away from your place of work ie you can leave your desk/counter to spend that time as you see fit ie go to the shops etc.Your employer doesn't have to pay you for this break.
There are exceptions to this rule for emergency services,security services,medical staff etc but for the majority this rule applies.

tomo 03/06/2015 at 6:54 am

i work as a mobile security officer on 15 hour night shifts do around 69 hours a week an now we have been told we can't have a break what's my rights and we only get 9 hours off between shifts.
What rights do I have?

WelfareAtWork Editor 03/06/2015 at 10:52 am

@right-to-know - Under the Working Time Directive which applies to most adult workers, you are entitled to one rest break of 20 minutes if you are employed for more than six hours a day. Therefore, even on a 12 hour shift, you would still only be legally entitled to ONE rest break. For example, if you are given a lunch break of 20 minutes or more, that counts as your full entitlement for that day. However, if your working time goes beyond a 12 hour shift, then you would be entitled to another break. You should speak to ACAS about the fact that your employer is specifying one thing in your contract, and operating under another. You can contact ACAS via whichI hope this helps.

right-to-know 31/05/2015 at 11:34 am

Can somebody please clarify a person's right to rest breaks as a residential care worker? There is a lot of confusion in my workplace - everybody's employment contract states that we can have an hour's paid break but we are ONLY allowed 20 minutes break on each 12-16 hour shift - if we are lucky! This has been raised with our head of care who has claimed that there was a mistake in the wording of our contracts and has made it clear we are only allowed to have 20 minutes break but the organisation will not/has not amend(ed) our contracts and is still taking on new staff on the original old terms. Our contracts do not mention 'comfort breaks' and we are not allowed to take those either. Is this situation legal?

WelfareAtWork Editor 29/05/2015 at 2:39 pm

@Fisher - I don't think you can claim it back, but you might want to give ACAS a call via the link here to see what rights you do have and I think in this case it is probably better that you speak with someone directly.

Fisher 27/05/2015 at 8:43 am

I work for a company who are very famous in the golfing world. There a few big issues that need resolved . First one is ., I work 9 hour straight shifts and have never got a break in 10 years. We are now working on a solution to this ., but still nothing has happened. And the solution won't happen every time I work! If we start getting breaks ., that's great! But what about all the breaks we didn't get for ten years! Compensatory breaks come in? Can we claim these back somehow over such a long period of time ?

WelfareAtWork Editor 29/05/2015 at 11:31 am

@zeldazu - As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. There are some exemptions, in busy environments, for instance if there is a genuine need for continuity of production/service. However, if a person cannot receive their rest breaks at the allocated time, then they must be offered an equivalent period of ‘compensatory rest’ wherever possible. If she is not receiving this, then you will need to report it. You don't say whether it is a pub chain or independently owned. You may want to give ACAS a call as they will be able to advise you what best to do in this situation. I hope this helps.

zeldazu 26/05/2015 at 9:17 pm

My little cousin has started working in a pub/restaurant, she has just told me that even tho she works long shifts, between 10-12 hours, she doesn't get a break!! Not even a comfort break! She's 21yrs old. I thought this would be illegal? I also thought she was havering until I spoke to the wife of someone who worked there, he was in his 40's and confirmed that this was correct, no one who works there get any breaks!! Is there someone I could go to and complain to on behalf of ALL the staff?? None of which knows I am asking these questions! I just don't think this is right, especially in this day n age, and especially when it's a pub and not some sweat shop in years gone by in the streets of the back and beyond! :/

none 20/05/2015 at 11:55 am

i work as a lorry driver and the firm im working for as just informed us that when we work a 15 hour shift they are going to take 2 .45 minutes breaks off us is this correct

WelfareAtWork Editor 21/05/2015 at 2:42 pm

@brooks - he does not have to pay for your breaks, but he does have to give you a minimum of a 20 minute break for every six hours that you work. Depending on the work you can do, this can vary, but this is standard European Directive law. I hope this helps.

brooks 18/05/2015 at 12:01 pm

We have just started a new job and the gaffer is saying he wont pay for any breaks and we are working a 9hr day..is this allowed???

WelfareAtWork Editor 14/05/2015 at 1:38 pm

@pinky - many breaks are unpaid. By law, you are working you have a right to 20 minute break for every six hours that you work. The fact that you only work five hours and have a break means that your break is discretionary and up to your employer whether he/she gives you one. Your employer shouldn't be taking money from your wages, so I am a bit confused about what you are asking here?

pinky 12/05/2015 at 7:15 pm

i work 4 hour shifts @sometimes 5 hour shifts for these shifts i get stopped half hour break even though i only get 10 minutes what is he allowed to take from my wages

WelfareAtWork Editor 14/05/2015 at 12:29 pm

@Broenywebb - a day off can be given either on a weekday or at a weekend, unless it specifies otherwise in your contract. I suggest you look at the terms and conditions laid out in your contract and if it does not specify that your days off are to be given on weekdays and other staff are being given weekend days off without having to take holiday and you are not, then this could be classed as discriminatory. You can follow this up by giving Acas a call via the link here to get some further advice on what your options are. I hope this helps.

Broenywebb 12/05/2015 at 4:51 pm

When entitled to a day off in a working week by company does this day HAVE to be taken in week or can this be a weekend day as I've been told if I wanted it to be weekend I would to use a days holiday but most staff members get a weekend off and mine is always in the week is this standard policy?

WelfareAtWork Editor 13/05/2015 at 9:52 am

@James - As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Therefore, a break within a four hour shift will be at your employers' discretion. In this case you should really take a look in your contract to see what amount, if any, break you have been given. If you haven't been given any, then you should really clarify it with your line manager and ask him/her to clear up the break-time confusion with you and the rest of the staff.

James 11/05/2015 at 12:39 am

Hi,
I work in retail and recently drinks have been taken away from behind the tills, which is not a problem, but there is alot of confusion over if people are allowed to leave the till area on a 4 hour shift to go have some of their drink.

By law, are management required to let people leave the till to get a drink on a 4 hour shift, or because they are not entitled to a break do they have to wait until their shift has ended.

Thanks for your time.

shaz 04/05/2015 at 4:49 am

I'm. A van drive. We. Are not aloud a dinner break or any other break we drive from 8.30 to 5.30some times 6, 00they say that up comeing in and loading up is our. Break. And we only get paid for 8. We don't get time back for hours we worktotdp 8is this legal

shaz 04/05/2015 at 4:37 am

I an a van drive I do an average a 9 hour a day we are not a loud a lunch break or. any break through the day we don't get paid for the 30mins that is in our. Countract for dinner and because wecome in and out to load up. We arnt. Entitled to any breaks our loading up it classed as our breaks.how can this be right

WelfareAtWork Editor 28/04/2015 at 2:11 pm

@Scarletttt - In certain ‘special case’ workers can be asked to work through their rest-breaks. Shift workers who may not be able to take their daily or weekly rest periods between shifts qualify for these exemptions. If you don't receive your allocated rest breaks you must be offered an equivalent period of ‘compensatory rest’ wherever possible. This should be given immediately after the end of the work period where possible. However, your employer is also responsible for safeguarding your health and safety” (e.g. an assessment of the worker’s continued fitness to work, reducing his/her workload or additional supervision). As you are finding the strain too much, then you should in the first instance raise the issue informally. You could also give Acas a call via the link herein order to get some on advice on the best way to approach this. I hope this helps.

Scarletttt 25/04/2015 at 11:22 pm

I work in a care home and work between 30 and 50 hours a week, I did my last day of a 48 hour week today, on a 6 hour shift I get 15 minutes (if I'm lucky) but because it's a care home if I am needed by a resident my break ends and I am back to work, even if I have just sat down. So some days I don't get a break at all, on a 12 hour shift I get two 15 minute breaks which again sometimes I do not even get 15 minutes all day. Also, I cannot ask to have my break any other time than the allocated schedule my management have made, I cannot ask to have my break later than when I'm supposed to as I am not allowed.
After getting barely any rest this week I feel physically drained, achy and have absolutely no strength left in my body, my heart has felt very faint and I have felt very breathless after the last few days, all because I have not rested enough. What advice can you give to try change the break schedule at my work place? I feel as if I don't get enough of a break I will get so worn out that I will collapse and then have to spend more time than I need off all because I'm not getting my break and will lose money and I don't want that.

WelfareAtWork Editor 27/04/2015 at 9:58 am

@nadeen - it doesn't seem fair, does it? But it really is up to your employer's discretion whether these breaks are allowed. You might be interested in reading the Acas article: Heads in the clouds: Do smokers get too many breaks? whichWhile this may not really answer your question, you can rest assured it is a question that is firmly on the radar of many employers. I hope this helps.

nadeen 23/04/2015 at 8:37 pm

Employer use to check time f me to have but other worker can take smoke breaks as many as she wanted 10 15 mins a time 56 a day is that fare

WelfareAtWork Editor 21/04/2015 at 2:14 pm

@brandrep - I'm afraid that as this is a UK-based website, we have no knowledge of US law.

brandrep 19/04/2015 at 8:56 pm

I work at Justice Just For Girls in Virginia. I am 17 years old and sometimes I don't get a break. I usually work four hour shifts and I've been told that Virginia law doesn't "require" employees to take a break for a four hour shift but I'm a minor. It's usually a particular manager who always does this. What should I do? Is this legal?

WelfareAtWork Editor 08/04/2015 at 9:36 am

@ffionmegan - As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. However, there are exceptions, especially if you are a shift-worker, or work in an industry where there are busy periods (it may be worth looking in your contract to see what it says). If you can't take your break at your specific time then you should be entitled to ‘compensatory rest’ which is the same length of time as the break (or part of it) that you might have missed, just at a different time. I should seek advice from Acas regarding the legality of your break now being tailored to eat with the residents. You can contact Acas via whichI hope this helps.

ffionmegan 04/04/2015 at 2:46 pm

I work in a care home we don't get paid for our breaks of thirty minutes a day they are trying to stop this and say we can eat with the residents I disagree and say that we therefore have to be paid for this half hour they say no money in budget it is a local council home

WelfareAtWork Editor 07/04/2015 at 2:06 pm

@joshmcdonalds - Young workers (under 18) are entitled to a 30 minute rest break for every 4.5 hours they work, daily rest of 12 hours and weekly rest of 48 hours. If you work in a busy environment, then you are entitled to ‘compensatory rest’ a bit later in the day if you don’t have the right to specific rest breaks. Compensatory rest breaks are the same length of time as the break (or part of it) that you might have missed and they should be given to you as soon as possible after the original breaktime. You may need to speak to Acas if you think you are being exploited which you can via whichI hope this helps.

joshmcdonalds 04/04/2015 at 2:16 am

I work part time at McDonald's I've got a double shift (15 hours) I'm 17 I don't know how long I get as a break. Also I get weird breaks. I worked a 9:15-6 and they said get a little something to eat and go for a ciggerate I did that in 10 minutes I've done 8-10 hour shifts without proper breaks and is slowly starting to affect collage, home social and health. I can't leave because I can't afford to live and collage. I don't know what to do anymore

WelfareAtWork Editor 19/03/2015 at 1:47 pm

@Bubbles69 - you mean you have no break at all in that time and you are working through an unpaid lunch hour? As specified in the article when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. There are some exemptions to this; in certain circumstances workers can be exempt from these rest break provisions and employees can be legitimately asked to work through their rest-breaks, especially if there is a genuine need for continuity of production/service (jobs such as careworkers, or retailers at busy periods). However, in such circumstances your employer must offer you an equivalent period of ‘compensatory rest’ wherever possible. I suggest in this instance you give Acas a call via whichBefore calling I would also check your contract and see what it says. I hope this helps.

Bubbles69 17/03/2015 at 9:00 am

I started a new job and my contract States that my lunch hour is unpaid. I work from 9am - 7pm. Therefore although I am there for 10 hours, I am only getting paid for 9. I have been there for 6 weeks now and am yet to get an hours break and yesterday my boss outlined specific protocols for the practice and stated that "we will endeavour to provide staff breaks but due to the nature of the job, this may not always be possible ." I work as a receptionist in a veterinary practice and there is only ever one receptionist working. Although my boss has been made aware that I don't get paid for that hour, it doesn't seem to have made a difference.As I am still currently on the 3 month probation period, up til now I havent rocked the boat but I'm annoyed now and would just like to know where I stand.

shell 03/03/2015 at 7:28 pm

I work just 5hrs a day and we used to get a 10min break. We have just been told that we wont be getting them anymore. can they do that.

Suze Editor 27/02/2015 at 11:45 am

@becca - you should be able to get a doctor's note without charge if you are based in the UK. But that is terrible if you are not allowed to go to the loo when you need, what kind of company stops people taking natural breaks?!

WelfareAtWork Editor 27/02/2015 at 10:30 am

@workhouse - as specified in the article when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. However, there are exceptions as some people are not covered by the Working Time Regulations, such as those working in the transport industry which includes those who may have to work across different places making it difficult to work to set times. In this case you would be entitled to 'compensatory rest' which may be taken within the same day. I would double check your contract to see what it says and if you have any further queries, give Acas a call. I hope this helps.

becca 25/02/2015 at 3:01 pm

This morning went into work and was told if we're doing a 4 hour shift we not permitted to use the loo. Having mentioned I have IBS I was then told I have to provide medical note and being only on a 16 hour contract it's something I've not got the funds for. Plus mainly for us ladies when it's our favourite time of the month hehe hear the sarcasm I'm not not going to the toilet.

Cathy Editor 27/02/2015 at 10:38 am

@k - yes you are legally allowed to take the breaks laid out in your contract, and you should ask your line manager to arrange some cover if you are finding you can't.

k 25/02/2015 at 11:19 am

Hi , I am 16 years old and work 9-5 monday to friday. I am an apprentice on a reception desk. In the organisation I work for they say I am entitled to 30 minuets dinner break. Am I legally required to take this break away from reception as I find myself asnwering phones and signing visitors in during my breaks ?

workhorse 25/02/2015 at 10:57 am

Hi I am a delivery driver for a well known supermarket, how many hours am I allowed to work/drive before I have to stop and take a break???

WelfareAtWork Editor 26/02/2015 at 2:04 pm

@AJ - as specified in the article when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. Occasionally in the likes of retail work, or shift work when there are busy periods then you may be offered a compensatory break. I hope this helps.

AJ 24/02/2015 at 5:28 pm

Are you allowed to work 7 straight hours before taking your break?
I read the clause as reading you are entitled to a 20 mins break if you work more than 6 hours. It doesn't stipulate than you must have the break at 6 hours.

WelfareAtWork Editor 19/02/2015 at 11:03 am

@Robert - there are some exceptions to the regulations and the retail industry is one area. Instead of getting normal breaks, you're entitled to 'compensatory rest'. I should check your contract and see what the terms say about this. You should also voice it with your employer, to see what your employer suggests as an alternative. I hope this helps.

Robert 17/02/2015 at 12:16 pm

I work in a petrol station/ shop. I work 8 hrs. No break at all as just am working on my own where do I stand on having a break .

WelfareAtWork Editor 11/02/2015 at 10:15 am

@DB - It seems this is the way it has been worded. If her employer just said she has to work 36 hours across five days, then it sounds OK. The fact that it is being worded that essentially she is having to come in for an extra day to make up for breaks makes it sound, as you say, very confusing. What does it say in her contract? It may be worth having a look. If she is still unclear then I suggest she gives Acas a call via the link here in order to speak to someone that may be able to clarfiy this. I hope this helps.

DB 10/02/2015 at 4:01 pm

My fiancees new job has got me curious about break laws. She works 9 hours 15 minutes Mon-Thurs, with an hour break split across the day. However it's Friday that confuses me... She has to work 4 hours 8am-midday essentially for free, as they say its to make up for the 4 hours of break during the other days. So despite 40 hours on premises, shes paid 36. Is that even legal?

WelfareAtWork Editor 11/02/2015 at 2:12 pm

@workhorse - As specified in the article, when you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. It is at your employer's discretion whether they pay you for your breaks or not. I hope this helps.

workhorse 10/02/2015 at 2:15 pm

How many hours do you have to work before your entitled to a break and does your employer have to pay you for your breaks? Thanks in advance

WelfareAtWork Editor 09/02/2015 at 3:13 pm

@rache - it is illegal not to have a break, as specified in the article every worker is entitled to a 20 minute break for every six hours that they work. His boss is therefore breaking the rules by not issuing one. I suggest he speak to his boss and if he needs to get advice on how best to approach it, I suggest he gives Acas a call for some free advice. I hope this helps.

Rach 07/02/2015 at 1:53 pm

Hi my partner works full time and he works 8 hours a day sometimes more, he hardly ever gets a break to have some lunch or just a rest. His boss isn't very approachable and so he doesn't say anything but it's illegal to work all day without a break. What can he do?

vinnie 28/01/2015 at 4:32 am

i get paid 42 hours annual leave per week and get 3 or 4 hours deducted each week of my holiday entitlement. I work 12 hour night shifts and get paid 11 hours and this also happens on my annual leave are they allowed to deduct that hour off my annual leave

Vinnie 28/01/2015 at 4:21 am

hi I have worked at my job for 10 years now and when I use my annual leave I get 1 hours break deducted from my pay is this legal or not

WelfareAtWork Editor 28/01/2015 at 2:31 pm

@petal - She should initially raise her concerns with her employer, to see if the matter can be resolved informally. She can do this through a supervisor, line manager, or HR dept, or via her trade union. If there is no solution to the problem then she could raise a formal grievance. Should she need any further advice or to gain understanding of the best course of action, I would give the free Acas helpline a call on 0300 123 1100, where she could talk to someone who could guide her on the most appropriate course of action. I hope this helps.

petal 27/01/2015 at 9:43 am

My daughter is in affect being bullied in work breaks 1and a half into starting work,manager swearing,and saying things like get out if my sight I don't want to see your face ...and it goes on she is full time been there about 3 years this person has made my daughter go on the sick with depression & anxiety what is the legal root without pproof thank you

WelfareAtWork Editor 21/01/2015 at 10:14 am

@H - I don't understand when you say you get an hours pay deducted for a lunch pay you don't have. Are they not paying you lunchbreak, but not giving you a lunchbreak either? As stated in the article, you are working you have a right to 20 minute break for every six hours that you work (paid or unpaid). Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. If they are denying you a break and you work over these hours per day, then this is illegal and I suggest you give Acas a call on its free helpline to gain advice on how to best approach the situation. Tel: 0300 123 1100. I hope this helps.

H 21/01/2015 at 9:13 am

I work four days a week in a hair salon, and get an hours salary deducted every day for a lunch break we don't have. When I questioned it (which went down like a lead balloon) i was told that as we get 10% commission on anything we earn over £1000 (not including that) we should be happy as the more we do the more commission we receive. And when we're not busy at times that covers our breaks too. I would just like some advice please if you can.

WelfareAtWork Editor 19/01/2015 at 2:09 pm

@Crazy mare - are you saying you have not been given any lunch breaks at all? As specified in the article you are entitled to a 20 minute break for every six hours that you work. You need to ensure you take your break, you certainly shouldn't be working though it. If you have any firther queries, you should give Acas a call for free work related advice.

Crazy mare 17/01/2015 at 9:15 am

I work a forty hour week, I am a temp agency worker, I have been told that as of now can only have 30 lunch break, I have been there 4 months, and had 1hour lunch break, I don't get any other breaks?

Annie 12/01/2015 at 2:54 pm

I have worked 4 hrs per day for the past 14 years for the same employer, I have always been allowed a 10 min break each day, suddenly without any consultation I have been tools I am no longer allowed a 10 min break, can my employer do this after allowing it for 14 years.

WelfareAtWork Editor 08/01/2015 at 1:45 pm

@Cheryl - If you are working from 9.15 until 2.15pm (which would equate to five hours) could you bring in a sandwich to eat as soon as you have finished, or something before you start? Alternatively, I would have a word with your boss to ask could you have an unpaid break somewhere between those times and perhaps leave a quarter or half an hour later. If you explain that because of your commute it means you are unable to eat until later on, then I'm sure they may be able to work around that. It's not healthy if you are having to work that long as you will get a blood sugar drop which will lower your level of concentration and productivity. I hope this helps.

MissL Editor 07/01/2015 at 2:06 pm

@Sammy - you are working voluntarily and not getting paid - you can take a break whenever you like! I don't think they are going to let you go is you ask for one as it is very difficult to recruit reliable volunteers. When you need a break - just shut the shop.

Sammy 01/01/2015 at 6:06 pm

I work in a charity shop (employed) 3 days a week, 9.30-5pm.

Some days there are no volunteers, so i cannot take a break. I am new, and don't want to lose my job, but what should I do?

Someone suggested getting them to pay for my break, but it's more a case of, i could do with a break at some point.

Appreciate your help.

Badger 18/12/2014 at 12:26 am

Worked 2200hrs until 1230 the following day on a HGV task. The driving was less than 4.5 hrs in total, but still took my only one break of 47 min before the six hour rule, in fact took the break at 0218 - 0325 (47Mins). On debrief the company still said I infringed the rules as I worked more than six hours after my last break, is this right as I have checked the web and not seen anything that says I must take multiple breaks. I just want clarity so I don't look a fool and break the rules.

WelfareAtWork Editor 28/11/2014 at 2:15 pm

@gasman - you are entitled to a break and by law you should take one. I would take it up with your HR and ask that the appointment system factors in the 30 minutes. You would not be able to claim it back in pay however, because your company by law has to allow this time.

gasman 28/11/2014 at 11:17 am

I work as a gas service engineer, our working day is 8am till 4.30pm we are deducted 30mins a day for dinner but are never given the opportunity to take it due to our work load and appointments booked in advance the only "free time" we have is driving between appointments should we be paid for our dinner or the employer still allowed to make the deductions

WelfareAtWork Editor 28/11/2014 at 11:54 am

@Josh - it comes under the 'forseeable surge in activity', that can happen across the busy Christmas period. However, your employer does have to substitute the same length of break within the same six hours or more.

Josh 27/11/2014 at 9:55 pm

I work in retail and I've just done a 13 hour shift from 8-9, i only had a half an hour brake but then had to demand that i had anouther 15 minute brake after this. Is this legal because it sure don't feel it.

jak 25/11/2014 at 10:19 pm

I work in retail... now we are working till 10.30 pm. What is the earliest i should be in work the following day legally?

WelfareAtWork Editor 24/11/2014 at 11:52 am

@Jonathan - If you are under 17, you must not work more than eight hours a day, or more than 40 hours a week. You are also entitled to a 30-minute rest break when you work for longer than four and a half hours. In your case it would stand to reason that you would probably be given an hour's break through the day, to ensure you don't go over the eight hours working limit. I hope this helps.

Jonathan 21/11/2014 at 9:22 pm

Hi. Two days in a row I have worked 9 hours. 9-6, how long should my break be and when can I take it? I'm 17?
Thanks

scarletpimpernel1 20/11/2014 at 9:15 am

what happens when you only work six hours, I take it no break ?
at my partners work place they have to come in thirty mins early if they wish a break
another gripe they have to swipe in and their time is electronically logged but I think the machine is flawed
her working day id 8am till 2pm but she has to come in at 07.30 if she wishes a break. However if she arrives at 07.35hrs her pay is deducted even though she could happily have 25mins break I think this is so unfair FOURSEASONS !!

WelfareAtWork Editor 18/11/2014 at 2:03 pm

@lina - as specified in our article you have a right to 20 minute break for every six hours that you work. I hope this helps

lina 16/11/2014 at 10:19 pm

I am a beauty therapist from a well known health farm and as we're always busy with back to back body and face treatments. Is it legal to work 6 hours straight without a break?

Florist101 Editor 13/11/2014 at 1:15 pm

@WelfareAtWare. So its our right to have at least 20 minutes break for every 6 hours we work? So if we did a 12 hour day it's our right to have 40 minutes break, 2x 20 minute breaks or 1x30minute break & 1x 10 minute break thought our working day? What about the 11 hours rest period between working days? Is that something they have to allow us? I.e sometimes we work till 10o'clock at night & then have to be back at work for 7o'clock the next morning, only giving us 9 hours, sometimes even less. What is our right on that front. Thank you for your help & advise.

WelfareAtWork Editor 13/11/2014 at 12:53 pm

@Florist101 - this is a very good point to raise as we come up to the busiest time of the year. As sepcified in our article workers who work for more than six hours per day have the right to take a break of at least 20 minutes (workers aged 16-17 are entitled to a 30-minute break if they work more than four and half hours per day.) The rest breaks must not be taken at the beginning or end of the day. However, there are some circumstances such as Christmas that allows employers to reschedule breaks, especially where 'there is a foreseeable surge in activity' as long as you are given your break later in the working day. I hope this helps.

Florist101 13/11/2014 at 9:29 am

Can you give me some advise please? I'm a florist & as (hopefully) you will be aware one of our busiest times of year is fast approaching. Christmas. I wanted to know exactly what breaks I'm entitled to. On the two week rota leading up to Christmas we only have our starting time (which at the minute is 8:30 for most of us, which is most likely going to change to an earlier time as the weeks go on) with our finishing time just a ? Some times we can work 12 hour days, sometimes more, with only 30 minutes break. Is this legal? As we are on our feet all day (in the cold, as management won't allow heating) is this safe? Health & safety? We get very tired towards the end of the day as we work our butts off with little appreciation. We are told when to take our break & we do get paid when we take it. Also we aren't allowed any drinks during the day while we work, unless the boss wants one then one member of staff is allowed to make one for everyone. Is this legal? Would really appreciate some advise on this matter please. Thanks.

Sumo 02/11/2014 at 10:24 am

I work four hours a day doing laundry work and cleaning. Some one has left that worked half an hour daily in my area and other hours somewhere else for same company all of the hours where up for grabs so i asked for the half hour extra but i now have been told i have to pull that work in to my four hours which is impossible as I have previously had same thing happen twice .they are not offering any extra pay either can they keep doing this .i like my job and want to stay as i retire in two years time

Jess Editor 03/11/2014 at 2:09 pm

@Princess - I'd double check with Acas first. Workers have the right to one uninterrupted 20 minute rest break if they work 'more than' six hours per day. So, before you approach your senior, I would see what you are entitled to for six hours. Your employer might be using a six hour loophole that might mean they are not entitled to award you any break - Jess.

Princess 02/11/2014 at 8:17 am

I work exactly 6 hours on Saturday and my employer won't allow me a break. She says I'm not entitled to one. Now that I know my rights I can go and show her and see what happens

WelfareAtWork Editor 28/10/2014 at 10:28 am

@emezz - according to Government legislation employers can say when employees take rest breaks during work time as long as: the break is taken in one go somewhere in the middle of the day (not at the beginning or end). So your employer is theoretically breaking the rules here. You can access the information you need via the Gov.uk website titled Rest Breaks at Work. I hope this helps.

emzz 26/10/2014 at 8:16 pm

I was wondering if it was legal to be sent for a break when I have only been at work for 50 minutes? I was on a 8-5 and my manager sent me on a 45 minutes break at 8.50 but when I said nom she told me I had to. I didnt get any other breaks during my shift and was starting to feel ill half way through.

nat 24/10/2014 at 11:01 pm

Hi, i work in a fast food place, working between 35-50 hours a week, but they have been making several of us work with only 6 hours between shifts, at least once a week, it takes me an hour to get there and back so that leaves me with only 4 hours to eat, shower and sleep, surely this is illegal, however my manager puts us in a position where we cant say no and i feel as if i speak up about it ill get into trouble at work, do i have the right to refuse these shifts?

WelfareAtWork Editor 24/10/2014 at 10:32 am

@Donny if your employer doesn’t follow the rules on working hours and rest breaks, they could be breaking the law especially if you are working 12 hours in a straight shift without a break. If you need extra help and advice I suggest you contact your trade union if you are a member, or alternatively the Pay and Work Rights Helpline on 0800 917 2368, or your local Citizens Advice Bureau (CAB). I hope this helps.

donny 23/10/2014 at 6:38 pm

I am a seinor carer often doing 12 hour shifts and a lot of times only getting
a 5 minite break i ask if we cohld have more but mainly get told to keep going is this legel

pippa 22/10/2014 at 8:28 pm

if my emplyer want me to go on training at a weekend which will be 2 saturdays at 6 hours each time they say i wont be paid is this right, and i get 2 hours luie bac after working 4 hours or more at the christmas fair is this right too.

WelfareAtWork Editor 16/10/2014 at 12:29 pm

@dharmesh - Under the Working Time Directive (which applies to most workers and sets out the minimum standards for working hours), all employers have to offer a break of at least 20 minutes in a working day that is longer than six hours. If you are under 18 you are entitled to more and can take 30 minutes for every four and a half hours that you work. However, employers are under no obligation to pay you for these breaks and it seems that increasingly more employers are opting not to do so. I hope this helps.

dharmesh 16/10/2014 at 9:17 am

hi i just wanted to ask that if i m a full time employee am i entitiled to get paid for my lunch?
i m a factory worker.

Zev 05/10/2014 at 12:51 pm

Hi work as a support worker in a supported accommodation. I support 3 gentlemen mostly on my own. I do sleepovers. I do a 32 hrs week. My shift starts at 9am to 10.30pm. Then shift starts again at 8am. The company I work for are often short staffed. We are often asked if we can come back to work later in the evening after a sleep. They tells us as long as we have a 6 hour break away from work we aren't breaking the law by going back in. Is this correct. Baring in mind one of the gentlemen I support has restless nights so we don't get a full night sleep.
Zev

R 05/10/2014 at 9:06 am

Hi there. I was wondering if it's legal for your boss to make you take more breaks than you have to so they can reduce your pay. E.g. 9-5 enforce 30 min lunch and 15 min coffee. So therefore staff can end up owing hours back at the end of the week/month. thanks

Alfie 28/09/2014 at 1:16 pm

Hi my son who is 18 works for McDonald's he has started uni and changed restaurants he worked this weekend 5am till 2pm sat and sun not getting any break till 12 is this right thanks

amy Editor 23/09/2014 at 10:16 am

@Bevannram, you're entitled to a 20 minute break for ever six hours that you work, however this break is not necessarily paid.

DServer 17/09/2014 at 10:14 pm

I am a server. The standard shift is about 7 hours. My employer requires us to come
In 30 before our shift starts and take our break. We also never get a 10 min break. Is this legal?

snoopdaag 13/09/2014 at 11:32 pm

I work a 8 hour shift with no break most Sundays and when we have a wedding function on I work from 2-11pm isn't that against the law?

suzy 13/09/2014 at 8:29 am

My son has been told that he has to work a 10 hour shift he has just turned 17 is this legal, and he paid just £4.30 per hour

David Ambriz 13/09/2014 at 4:47 am

I work for 3 hours can thy send me on a lunch break and send me home at 4.50 hours

Chrisie Charnock 27/08/2014 at 12:06 am

I work 5 hrs day non stop am i entitled to a break of any kind

Bear 20/08/2014 at 8:10 am

I work 9 hours a day I start at half 8 and most weeks I end up doing 6 hours through without a break I work in retail is this legal? As I am not having break until half 2/3 o'clock in the afternoon as my manager says it's first come first serve and she's the one that's putting us behind with times in the first place

sye 20/08/2014 at 6:48 am

I am an extern at a medical facility. I work from 10 am - 7 pm with a 1 hour lunch around 2pm. I don't get any breaks. The only time I feel I can exhale and regain energy is during my lunch. I don't think that it is right that I work 4 hours straight take a lunch then another 4 hours straight. Its very exhausting however, i do not say anything because i just want to pay my dues and be done with it (unpaid work that is).

Kat 18/08/2014 at 3:26 pm

I work 13 1/2 hours daily and not sure what break I'm untitled to as I was told 45 mins

Jo 17/08/2014 at 12:39 pm

I work in retail and we work alone. I work 8 hour shifts and people cover in to cover breaks however sometimes this does not happen until 7 hours into my shift so when I come back I only have 30 mins to work and then it's time to go home which seems stupid and 7 hours on your feet without even being able to go to the toilet is not acceptable to me.

I know you're entitled to 20 mins for above 6 hours however am I legally allowed to demand a break at 6 hours? Or are they allowed to leave me till 7 hours which is only an hour of my day left?

nina Editor 06/08/2014 at 11:06 am

@carla, you will be paid for the half an hour you work and not for the half hour you take for lunch.

Carla 05/08/2014 at 6:51 pm

I normally work a 9hour day, and get a 30min break which I dont get paid for?
I'm paid per hour - so should I get paid for that 30min?

Luna 04/08/2014 at 4:01 pm

Hi, I work in a nursing home as a trained nurse. On nights which are 10.5 hours long I can take a three quarter hour break but as the only trained nurse there is no one to relieve me so I still have to continue answering phones, giving pain medications etc when needed and am still solely in charge and accountable for what goes on in the and to the home. I only get paid for nine and three quarter hours for the shift. This seems to be practice for every nurse I know including nhs nurses.

WelfareAtWork Editor 31/07/2014 at 11:40 am

@Maria, your boss can tell you when to take your break as long as it's not at the start or end of a shift, so your boss should not be making you take your break at the start of your shift.

Maria 31/07/2014 at 10:40 am

O work 6 h day , when i start my shift my boss said I'm have 15min. Break after a few weeks he came to say I do not have a break I only can drink water in 6 h shift .
I work for NHS AS A DOMESTIC hard and fisical work if I don't eat or drink in between 6 h my blood sugar goes down and I start feel sic .
Do I have the right to have a 15m break in between 6 h shift?
Thanks maria

amile Editor 30/07/2014 at 10:25 am

@katkinzz, the law states that you are only entitled to a 20 minute break every 6 hours - which shouldn't be taken at the start or end of a shift.

natty Editor 29/07/2014 at 10:01 am

@Mel, this is normal practice for a 9 hour shift, the hour lunch is unpaid.

Mel 28/07/2014 at 2:43 pm

I'm at work 9 hours a day with an hour un paid brake
Is this aloud? Just find my self sitting around for an hour
Doing nothing. I'm basically at work for 45 hours a week but only getting paid for 40.
They said its encourage people to do over time.

sandy 28/07/2014 at 6:19 am

I work four days a week and Saturday and Sunday on the weekends...during the week I work 9am-5pm I don't get any 10-20 min breaks , I only get 1 hour long unpaid break....my boss is taking an extra 30min from every day during the week. On Saturday and Sunday I work 6p hours and for the last 3 years I have never gotten a legit 10 min break...if I gotten any break I never to eat and work on the same time...several times I have not even been allowed to leave my work place for breaks... What can I do and is it legal

tat 23/07/2014 at 7:25 pm

I work in a care home 12hr shifts and have been told cause they pay me for breaks i have to work through them if needed is this right.

Alla 23/07/2014 at 12:48 pm

I work for a law firm and i start to work at 7H00 and stop work as 16H30 i don't get a break. If i want to go to the toilet they have a problem I am pregnant at the same time when all of this is happening I work as a receptionist, I am not even allowed to eat or drink something only at 8h00, 11h00 and then at 15H00 once again I don't get any break, what can i do with this. Please help me with it.

kayjay 04/07/2014 at 5:24 pm

Hi. I'm a lone night worker. I am being told I have to have a 30 minute break which is to be unpaid. I can't leave the premises to take my unpaid dinner break and am required to respond to anything cropping up throughout the whole shift. Is this right?

gertie 27/06/2014 at 7:39 am

Hi. I'm a lone night worker. I used to get paid a 30 minute dinner break but now I've been told that this break is to be unpaid. I can't leave the premises to take my unpaid dinner break. Is this right?

Loobylu 26/06/2014 at 4:07 pm

I have a 20 min paid break on one shift and a half an hour unpaid break on another.. Should I be allowed to go offsite during these breaks?

Thanks

WelfareAtWork Editor 10/06/2014 at 12:46 pm

@flower you are entitled to a rest break of 20 mins for every 6 hours that you work. As you only work 5 and a half hours per day your employer is welll within the law to not allow breaks.

flower 10/06/2014 at 12:30 pm

I work 5 1/2 hours per day, I am sixty years of age am i entitled to a break

kezzy 18/05/2014 at 10:11 am

I work for a leading high street bookmakers, my hours on a Sunday are 0945-1845. Sunday is a lone working day which means I can't have a break as there is no one to relieve me, so I have to work 9 hours with no way of having a break. Until recently I was paid the extra hour for having to go without a break, but now I have been told that I will no longer be paid for the extra hour. So I am having an hour deducted from my pay for a break which I can't even take. Surely this is illegal?

Seano 15/04/2014 at 1:16 pm

I work a shift known as the back shift. This shift comprises of working a Sunday nightshift finishing at 7.30 am and then return back to work to start at 4.00 pm the same day for a 5.25 hour shift. This a gap of eight and a half hours. As the second shift is so short is this legal or should we still be covered under the eleven hour between shift rule?

miss n 12/01/2014 at 9:30 am

i work 3 days a week> between 6 and a half hrs to 9 hrs a day and only get 5mins rush for my lunch is this right??

lisa 25/05/2013 at 5:24 pm

I work for shell and all the staff do not have a break we work a full 8hours without a break. When i asked my manager about breaks they said if i didnt like it then i can find a new job.

bobby 11/09/2012 at 8:25 am

before i used to work from 2 until nine at night and i got fifteen mins in the after noon break followed by half an hour meal break we are now going to be will be working from two in the afternoon until ten at night what should we be getting now

happy2befree 04/08/2012 at 5:29 pm

my youngest daughter is an assistant chef at our local holiday village....she was supposed to work p/time ,however not long after she began there ,her shifts suddenly rose to a 12/13 hrs a day..NO break ,NO lunch..she gets home around 12.30 am/1am ,exausted ,just about enough energy to shower ,especially neccessary when her start the next day is 9AM!

How can she get help with what ought to be her rights? she lives and works in the uk ,for a Canadian firm..to my mind ,their ripping these youngsters off ,and i`m very concerned she`ll end up collapsing
Oh ,final straw was last week ,when they were all told ,anyone sick during their busy season..ie..now...would be instsnt;ly dismised!!

she has now decided ,as she has a childcare place coming up in sept to quit..I want to write ,but don`t know who ,or what to ask..This has to be surely flaunting EVERY law in the uk?..thanks....sarah

Bigdee 01/08/2012 at 5:29 pm

If my boss asks me to sign something to say I have to work my breaks on a 8
Hour shift is that the law

Witney witch 30/07/2012 at 8:03 pm

Do i get paid for my lunch break if i am doing a 6 hour shift?

Witney witch 30/07/2012 at 7:50 pm

If i do a 6 hour shift at work, is my 20 minute break paid or unpaid?

kezza 30/07/2012 at 2:44 am

I work in a butchers 9hours a day. I get about 20min break if im licky. I have also had a holiday booked for 6 month which my employer sighed off and after payin a deposit to go away for my little boys bday he told me a few days ago that I have to cancell cos hes goin away that week. cant he do that or do I say something. he isnt the nicest person in the world and is constantly pushing me so il quit. as I claim working tax and so I cant walk out. help me im stuck at what do do?

Mummy2 Editor 19/07/2012 at 12:11 pm

@Nene As an adult worker (over 18), you have the right to a 20 minute rest break if you work more than six hours.

nene 18/07/2012 at 9:30 pm

I work in a pravite preschool after how many hours are you allotted a lunch brake if you work 7 hours a day

Liliy 04/07/2012 at 8:35 pm

I work four and a half hour shift in a care home and am being stopped a fifteen minute break is this correct

sally 16/06/2012 at 3:47 pm

I work 12 sometimes 13 hour days on the weends and DO NOT et any break whatsoever, I am told to eat while an dhe clock and serving my tables, I work in massachusetts.THIS IS not acceptable am I wrong?

mrsjg 14/06/2012 at 12:33 pm

If you work 9 hours with 2 paid breaks are you entitled to take 1 break off the premises?

fwoih2 11/06/2012 at 10:24 pm

Hi I work in a fast paced retail store and have been told different things by different managers. I mostly work 8 hour shifts and when I started the job last november was told that I am entitled to an hour break, and a half hour break for a 6 hour shift. Suddenly told today 7 months later that as I was working a 7 hour 45 minute shift I was only allowed a half hour break (!) This doesn't seem right and is unfair to suddenly cut my breaks after 7 months. I don't know where I stand now. I was also told that an 8 hour shift only entitles me to a 45 minute break. I am on my feet all day and not even allowed 10 or 15 minutes to sit down for some water once a day which I feel isn't right as the job's nature can drain and dehydrate you, I often get headaches due to this. I don't know if this is just a company thing or a legal matter. Is this allowed? I also have no clue now as to how much of my breaks are paid or unpaid and how many are legally supposed to be paid.

In my old job (similar nature) I got three breaks for a 9am-6pm shift (an hour lunch unpaid and two 15 minute breaks paid) so I am definitely suffering during these long working shifts with less breaks in a more challenging working environment.

Any advice would be appreciated.

Dazzer 22/05/2012 at 8:54 pm

I recently moved into an office role at work (Logistics). We get no paid breaks apart from an unpaid 30 minutes which we can take at any time. Usually Dinner? Is this legal. No paid breaks or time away from the PC in a 8.5hour day?

Daren.

leo 04/05/2012 at 6:09 am

I work a minimum of 9 hours a day, 5 days a week, as a bar manager on salary wage. What would my entitlements be for a break, and for how long?

Lis 27/04/2012 at 8:12 pm

I work in a restaurant as Front of House staff and I do various length shifts but I do at least a 9 hour shift once or twice a week. I only work 24 hours a week. But in the whole time I've worked there (1 month) - I have had 2 10 minute breaks - onsite. Is this against the law? As I feel like I'm almost about to collapse when I finish and I have stood for 9 hours without a break.

JORDI 10/04/2012 at 1:16 am

I work three continental style 12 hour shifts a week 6:15 until 6:15. We get two paid 30 minute breaks during our shifts, do these have to be taken on site or am I allowed to go off site for my meal breaks as work insist we aren't allowed off site during our shift.

carlton 23/09/2011 at 9:17 pm

I work in banking and currently have by choice 30 min lunch break during a 7 hour day to make my hours work to suit my lifestyle and have done this for more thank 18 months. Many other colleagues do this in our smaller branches but our Head Office are insisting that we take 1hr. Can they enforce this.

jess 21/08/2011 at 3:59 pm

I work a nine hour shift daily and would like to know how much time I'm entilted to for a break within my shift time, is it 20mins for a full day or two 20 min breaks, and I am allowed a lunch hour unpaid if I request it from my employer?

WelfareAtWork 07/07/2011 at 9:41 am

Workers are not entitled to a break unless they work over 6 hours, so any break for a 4.5 hour shift will be down to a manager's discretion.

batty 06/07/2011 at 12:27 pm

My daughter works a 4.5 hour shift without a break - realise that this is within the law. However, she is 21 weeks pregnant and although she eats before she goes to work is very hungry about 3 hours into her shift.

Is she within her rights to have a break for something to eat or is this totally at the managers discretion.

Thank you for any help

Susie 26/06/2011 at 9:43 pm

Hi I work in the banking industry I Work six hours per day. My boss has advised us if we wish to have a break we must work the time back before the start of our shift or at the end. Is this correct?

jo.a 13/06/2011 at 6:46 pm

If you work an 8 hr shift 10-6pm do you have to take your rest break before you have worked 6 hours ? i.e if I start at 10am do I have to have my break before 1pm ?

Nat 09/06/2011 at 11:55 am

If you work from 8 till 6, with 45 min unpaid dinner break, should 20 min off your dinner be paid or an extra 20 min break in the day?

tinky 24/05/2011 at 5:39 pm

hi do you have the right for a twenty minute break if you work a 14 hour shift in a residential care home

Rhi 18/04/2011 at 9:12 am

Are the breaks in hospitality different? Because I get made to work 7 and a half hours straight without a break and I think it is unfair especially because I am under 18!

Taking a Break at Work: What Are Your Rights?

Rest Breaks – Your Rights

Daily and Weekly Rest

Working Time Regulations

Exceptions to the Regulations

The Next Step

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