employment law

[fairkatrina]

Does anyone know the break entitlements for a 12 hour shift? My friend's beaks are being halved and we've consulted citizens advice etc but no one is sure what the law says on this matter.

[Ethel]

An employee aged 18 years or over is entitled to a 20 minute undisturbed break for every 6 hour shift they work.

They are also entitled to 11 hours rest between each work day and are further entitled to one full day off each week.

So, your friend is entitled to a 20 minute break per shift. But there are exceptions, depending on the type of work.

http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029451

[Stu Dent]

Regulation 12 of the Working Time Regulations (implementing European Directive (93/104/EC), provides that where an employees working day is longer than 6 hours, those employees are entitled to a 20 minute break spent away from the workstation. Therefore, your friend is entitled to a 40 minute break away from his/her workstation during that 12 hour shift.

I also work 12 hour shifts and I get this minimum 40 minutes break away from my workstation. How we do it is quite flexible and changes between days or nightshifts. These breaks are unpaid however - I get paid 11 hours and 20 minutes each shift. This also means that when I take a paid holiday I deduct what I am paid for - I do not deduct 12 hours!!

Your friend is entitled to get at least what I get. However if he/she was getting more than this (perhaps paid), then that is a matter of contract, and your friend's employer cannot unilaterally change the terms and conditions of the contract - your friend must agree. If he/she does not agree then a grievance must be raised. Doing nothing (quite disgracefully in my opinion) implies that the employee accepts these changes. If, having exhausted the grievance process, the employer refuses to observe the agreed contract terms, the employee must resign and raise an action for breach of contract - and/or, if applicable, an unfair dismissal claim at an employment tribunal.

[joko]

i had an employer who employed me from 10 -5 pm.

it was a new business and he casually asked me to come in a half 9 for a bit as he felt he was missing business - i did, then he asked me to stay until 5.30 a few times for the same reasons. at first i thought he just meant on a few occasions, perhaps for him to get a few things done, as he had always come in and left from 9.30-5.30, so didn't make any issue out of it just for a few quid but when i realised this was becoming permanent and he had done it this way hoping i wouldn't notice the extra hour a day i was working unpaid, i asked him to adjust my wages accordingly.
he was not happy and said we had agreed my wages and i couldn;t just change them
i began coming in at 10 and leaving at 5 again and when he realised the place was left unnatended for an hour a day he gave me my wages.
some employers are just sneaky and will try anything to save a few quid.

if they do this make sure you are paid for the extra time.