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Not the usual question, as I am aware the HSe say that all workers are entitled to 20 minute break for every 6 hours worked. My issue is that I don't want to take that break, but my line manger is getting all annoyed saying that the company may be seen as pressuring me into not taking a break, which is not the case. My job involves doing site visits, & basically I don't want to spend a break in the van/macdonalds/random canteen, I'd rather accrue that lunchbreak. Leaving early on friday (contractor with a set max hours per week), which is probably more the issue for my line manager. Where am I legally HSe wise?
http://www.hse.gov.uk/humanfactors/topics/fatigue.htm
See key principle #3
The HSE also have a fatigue calculator:
http://www.hse.gov.uk/research/rrhtm/rr446.htm
Not taking that break would increase your fatigue level if you use the calculator, so not sure why your employer would agree different arrangement with you that increase their chance of not complying with the law.
I had this once. I was told I had to take an hour's lunch break, every day. I did. I took it an hour before my schedulded finishing time. No clocking in or anything daft like that. I just took my lunch break and came home. Honour satisfied all round.
Where am I legally HSe wise?
Were I your manager I'd be telling you in no uncertain terms that you needed to take the break and I certainly wouldn't be letting you save it up to "leave early" on a Friday. You cannot just "opt out" of things that are mandated by the HSE simply because you find it inconvenient.
I was told I had to take an hour’s lunch break, every day. I did. I took it an hour before my schedulded finishing time.
The same would go for this assuming it was a full time position.
Its not something you can opt out of. If you do not take breaks you get more tired and less efficient working. do you really not stop and drink / eat somethig during the course of your day?
Are you a contractor or staff? If the former then you shouldn't have a line manager telling you what to do anyway (ir35, etc). But it would still be bad if you were flouting hse rules on a clients site.
But in short no, there is no opt out for taking breaks for staff. I think the only exceptions are the emergency services.
And from your boss' perspective, imagine the shitstorm if you crashed on the way back from a site without having had a break. The thing with HSE is it has to be applied universally, this week you're allowed to take no breaks, next week your not in safety boots, and before you know it "its Friday lunchtime I'll just climb this scaffold tondo my last task rather than wait 2.5h for the rigger to come and swap the tag from red to green on it because I want to leave earlier........."
The HSE could prosecute your employer in the same way that if they were not enforcing PPE requirements. Your employer is within their rights to give you a verbal warning if you continue and potentially a written warning if you continued to ignore their instructions.
As an ex manager, the scariest people to have under you are the people who think the H&S rules are rubbish/don’t apply to them.
In places I’ve worked blatant disregard for H&S is gross misconduct.
Remember it’s not just for safety, it’s for your health that they have these rules.
And other peoples safety.
What are your Health and Safety responsibilities as an individual?
Workers have a duty to take care of their own health and safety and that of others who may be affected by their actions at work. They must co-operate with employers and co-workers to help everyone meet their legal requirements.
Interesting replies, though you all says it's mandatory, which it may be from an employers point of view. The actual wording says an employee is 'entitled', which suggests a choice.
http://www.hse.gov.uk/contact/faqs/workingtime.htm
The actual wording says an employee is ‘entitled’, which suggests a choice.
In which case as your line manages I'd be telling you that you are not entitled to accrue it and skive off early. Take is as part of your day between your work or don't take it.
entitled to me does not assume a choice and certainly IME its not a choice. Most of the WTD you cannot opt out of
The actual wording says an employee is ‘entitled’, which suggests a choice.
That's the Working Time Directive, which legislation is to prevent employers taking the piss. You can opt out of it formally if you choose. Nothing to do with HSE regs (which I know little about I'm afraid).
I don't know what it is that you do, but assuming you work 8 hours a day can you not jimmy your days so they are 2-6hrs work - 1hr Lunch - 6-2hrs work - home, avoiding the need for the break?
Oh and as a contractor you can finish an hour early in a Friday in exchange for an hours pay 😉
awaits, a teacher saying We dont have breaks we have to work through them ,just to keep up
(as a teacher I take breaks and lunch, have to pee sometime 😃).
In a previous job me and my oppo had to stop for an overnight at a cheap hotel in Chelmsford as we had hit the working day limit, as set out by the establishment.
The OH came and took me home to Colchester. Silly rule but it would have been a meeting without biscuits if we'd driven on
Cougar - you can only opt out of parts of the WTD some parts you cannot unless very special circumstances
Interesting replies, though you all says it’s mandatory, which it may be from an employers point of view. The actual wording says an employee is ‘entitled’, which suggests a choice.
Your manager is constrained by the Management of Health & Safety Regulations. Their problem is that although you are 'entitled' they 'must' ensure the place is run with due regard for everyones HEALTH and Safety. If it goes wrong that manager has to prove that what they allowed was equivalent to the Approved Code of Practice for Welfare. Proving you are innocent is difficult, the managers don't want that grief.
It boils down to 'their gaff, their rules'. If you are contracting word will get out that you don't follow 'the rules' and work will dry up.
I have a similar conundrum, or it would be a conundrum if I GAF, luckily management don't police it so I'm ok.
Yesterday I did a 9 hour day with no break, driving around and knocking on folks doors for a quick chat isn't tiring.
That’s some true commitment to flogging copies of Watchtower.
cynic al - and if you have a crash driving for a living without breaks you will be in big legal trouble
Why folk have this attitudes towards breaks I do not understand - they are a legal requirement to protect you . the people you serve and the public at large
TJ behaving perfectly within the law earlier 🙂
I have been waiting for someone to use that. surprised it took so long!
It's health and safety gone mad.
tjagain
Its not something you can opt out of. If you do not take breaks you get more tired and less efficient working. do you really not stop and drink / eat somethig during the course of your day?
My wife's work NHS Grampian, seem to have opted out of giving staff breaks and pander to people who complain about staff drinking on the ward. 🙄
I know the NHS is a hard place to work, but 9am G&T's are frowned upon in most workplaces to be honest.
complain about staff drinking on the ward.
we all know the real reason those hand gel dispensers were introduced was to mask the smell of the gin 🙂
bruneep - thats the workforce fault for not making a stand. Datix every time it happens. soon something will change.
I have seen this presenteeism often in the NHS. Its counterproductive and putting your head above the parapet soon makes management take notice. I have done this myself and it worked.
TJ
I know this,wife knows this but her and the other girls don't want to "stick their head above" and make a fuss and seen to be "trouble makers" by the management.
Datix forms have went in which resulted in the ward manager(s) getting bollocked for not managing staff effectively despite there not being enough staff on the ward. hey ho! plenty managers with clip boards came down to see what the issues were tho and toodled back to their offices for their well earned cuppa
It's madness gone healthy and safe.
cynic al – and if you have a crash driving for a living without breaks you will be in big legal trouble
It's not usually tiring (you may think you know that it is, but I've not given any detail about it) and when it is I take a break.
You will find post posties, especially in the winter, simply work straight through to get done quicker and get home to warm up again. It's a little more complex, because those working full time contract hour days (7+) have at least 40mins of paid break, but a vast majority won't even stop for 20mins before heading out on delivery. That doesn't always mean they don't get chance to eat, many either bring food/drink in or are able to grab something from a "corner shop" on their delivery route to eat/drink on the hoof. Managers are well aware of it, but things get very messy on the rare occasions where accidents happen.
Usually, the lack of taking the vast majority of this break is accounted for by finishing before their contract hours are up. But there are others, where once you add on their untaken break, they have effectively gone past their contract hours but don't claim the overtime because they don't want to be seen as "slow" by managers. Some forego their breaks simply to get done in time to pick their kids up from school.
The job is a H&S minefield, as most still carry heavy pouches on their shoulder despite policy changes around 2010 (because using the correct light or high capacity trolleys is slower and energy zapping), while most flick through the letter bundle getting letters for the next address while walking... Again because it is quicker and so many now do things incorrectly to get done on/before time, if you do things "by the book" you will stand out like a sore thumb because you will take so much longer.
if your desk based looking at a pc screen without a break is a silly idea.