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Author Topic: Break issues  (Read 63048 times)

Jaycloth

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Re: Break issues
« Reply #50 on: 04-02-10, 06:18AM »
Maybe because it happens so regularly?
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Raster2

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Re: Break issues
« Reply #51 on: 11-06-10, 07:32PM »
By LAW you are entitled to a 15 minute break if you have worked for 4 hrs end of, if you work longer do what i do at the 4th hour walk off and have your break.

If managers want to have a go just take a grevence out and watch them turn to stone, its employment LAW.

Raster

Luchagore

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Re: Break issues
« Reply #52 on: 11-06-10, 07:39PM »
That is Tesco policy, not law. The law is "you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch."

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

Raster2

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Re: Break issues
« Reply #53 on: 11-06-10, 07:57PM »
Good to see people coming forward with the information that members need, well done.

4hrs and by agreement you will walk off and have ya break its in the partnership agreement.

Lets get it right here tescos as well as the union agree this so make your managers stick to it.

Raster........

« Last Edit: 11-06-10, 08:00PM by Raster2 »

weir-07

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Re: Break issues
« Reply #54 on: 12-06-10, 12:34AM »
That is Tesco policy, not law. The law is "you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch."

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


The partnership agreement is a lawful agreement between two parties and should not be breached. The 15 minute rest break after 4 hours should not be broken or flouted by any manager who thinks they know the law.

Transmog

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Re: Break issues
« Reply #55 on: 21-07-10, 06:12PM »
« Last Edit: 21-07-10, 06:20PM by Transmog »

weir-07

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Re: Break issues
« Reply #56 on: 21-07-10, 08:46PM »
Indeed. 20 minute rest break after 6 hours work is a lawful right. I didn't dispute that.

But equally, 15 minute rest break after 4 hours is a contractual right as a result of the Partnership Agreement.

After 4 hours work you are therefore legally entitled to a 15 minute rest break. :)

almostlost

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Re: Break issues
« Reply #57 on: 22-07-10, 12:49AM »
I have a shift where I work 6 hours, without a break, by choice.  I've been told this is not allowed.  True ?

fscer

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Re: Break issues
« Reply #58 on: 22-07-10, 02:01AM »

Why you giving Tesco 30mins of your time for nothing?

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weir-07

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Re: Break issues
« Reply #59 on: 22-07-10, 09:18AM »
It is illegal for Tesco to allow you to work 6 hours without your rest break, yes. Why are you working for 30 minutes for free?  8-)

almostlost

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Re: Break issues
« Reply #60 on: 22-07-10, 10:05AM »
I'm not, I'm paid 6 hours for that shift.

bushido

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Re: Break issues
« Reply #61 on: 22-07-10, 10:22AM »
Just to open this up to interpretation and or debate.......
Policy is that within a 4 hour shift you are entitled to a 15 min break.........

Therefore the longest you can go without a break is 3 hours 45 minutes....

Thoughts.....?
bushido  
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weir-07

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Re: Break issues
« Reply #62 on: 22-07-10, 10:36AM »
Had this discussion with somebody in store the other day, ideally, yes that is correct but if such has not occurred you are entitled to TAKE your break once the window to provide it has closed. Therefore you are quite entitled to take it upon yourself to ensure you are afforded what is rightfully yours.

Almostlost: That is illegal. Tesco is in breach of employment and probably Health and Safety laws too.

gomezz

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Re: Break issues
« Reply #63 on: 22-07-10, 10:39AM »
Some dot.com runs go over four hours.  But then again to have a run that long that does not have a gap in the delivery schedule, meaning you would be parked up, would be *very* unusual - at least round here.  Maybe in some of the less densely populated parts of the country such long runs with no gaps are common?
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ll

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Re: Break issues
« Reply #64 on: 22-07-10, 11:09AM »
My interpretation was that you are entitled to a break after/within 4 hours, if you choose not to take it, that's up to you... Worked over 10 hours yesterday without a break..  ???

weir-07

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Re: Break issues
« Reply #65 on: 22-07-10, 11:16AM »
Legally your employer must ensure you take your 20 minute restbreak whenever you are working 6 or more hours.

In terms of Dot.com I would assume that under agreement breaks would be delayed or rescheduled. So it wouldn't be necessary for a break to be taken... but I actually have no idea how Dot.Com breaks work to be quite honest! :P

gomezz

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Re: Break issues
« Reply #66 on: 22-07-10, 11:19AM »
A dot.com driver (aka CDA - "So I get in the passenger seat and wait for the driver to show up?") gets a one hour lunch break in a 9am to 7pm shift.
"The progress of the kart is more important than its direction"

weir-07

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Re: Break issues
« Reply #67 on: 22-07-10, 11:35AM »
Really? Should they not be taking one hour and a half break? Correct me if I am wrong but Tesco does not pay you more than 7.5 hours for a full days shift?

gomezz

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Re: Break issues
« Reply #68 on: 22-07-10, 12:09PM »
We get paid for 9 hours in the 10 hour shift.
"The progress of the kart is more important than its direction"

oldtimer

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Re: Break issues
« Reply #69 on: 22-07-10, 12:18PM »
I work on checkouts and regularly go up to or over 4 hours. I gets myself off after 4 hours but am sick of having to do this. I wouldn't mind if it was the exception to the rule but it is the rule not the exception. Some shifts i work i do not get the chance to have dinner because i am always sent later. Am i not entitled to a hot meal? What can i do to change this, I am not the only person this affects and it happens every day.

weir-07

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Re: Break issues
« Reply #70 on: 22-07-10, 12:35PM »
Speak to your Union Rep and let them know what the situation is. Tell him/her that you will be going to see the Checkout Manager about it to remind them that you should be getting your break as you are entitled to. This way the Union Rep is fully aware of what is going on. If you have no luck with the Manager go again and speak to your Union Rep who will take it further. They are then likely to take it up with the Manager in question on behalf of yourself, colleges and the union. They are much more likely to take note then! If they get nowhere they will know what to do next to escalate the matter and have it dealt with.

oldtimer

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Re: Break issues
« Reply #71 on: 22-07-10, 12:57PM »
Have done this, the managers are well aware of this. If i put in a grievance who do i put it in against? the team leaders? managers? not sure what to do next as everybody is aware of it and nothing gets done. even the team leaders are told they are expected to go a long time without a break because it is expected of them as they are team leaders!!!

Storck

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Re: Break issues
« Reply #72 on: 22-07-10, 01:02PM »
We have a new shift pattern, new manager wanted to try something, that includes a 3pm - 11pm shift with a 30 minute break. Her argument is that we are really on a 2-11 shift but are having an hour break at the start. She also says it is because we were not getting all our breaks in.

I've told her I'm not doing it next month and she has said that we will have to sit down to talk about it.   :-X

weir-07

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Re: Break issues
« Reply #73 on: 22-07-10, 01:07PM »
Speak to your Union Rep and take the issue to the Personnel Manager. The grievance doesn't have to be levied against any individual just raised to the PM who should then take steps and put measures in place to resolve the situation.

Team Leaders do on occasion work beyond 4 hours without a break, as a Manager I do too but usually only to ensure that my staff and team leaders get what is entitled to them as best I can.

The way you describe it seems like it is day in and day out, unlike the rare occasion it should be. Breaks should be scheduled in advance on Scheduler anyway, and adapted to suit the day, so there really is no excuse for mis-management of breaks. The Frontend management team really need to sort it out.

The PM should take no longer than 14 days to find a solution and implement it; unless agreed by yourself. If the issue is no resolved you and your rep are to then raise it formally. Your grievance will be heard within 7 days and an outcome notified within 7 days.

Hope this helps!

weir-07

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Re: Break issues
« Reply #74 on: 22-07-10, 01:10PM »
Stork:
This is wrong. The Health & Safety Executive notes:
It should be a break in working time and should not be taken either at the start, or at the end, of a working day.
If they insist on this get in touch with your Union Rep.