Working Time within the NHS

[martin t]

My Partner currently works 30 hours per week in our local Hospital on one ward. The shifts are varied meaning 8am - 2.30pm, 3pm - 9.30pm and some night shifts of 6 hours and sometimes longer.
The Staff on her ward have been told that should they require a 20 minute break during the working day then that 20 minutes has to be 'made up' at the end of the shift; so they are being told to work 6 and one thirds hours. Am I right in saying this is illegal as an employee is entitled to a 20 minute break if they work 6 hours or more but not be expected to make up that time.

[bednobs]

she should only get paid for the work she does. For exampe, i work a nominal 7.5 hour day. i get 1/2 hour lunch break. i work from 9-5 meaning im actually there 8 hours, but get paid for 7.5. If she only works 6 hours, she is not entitled to a break, but if she does have one she should, of course make up the time. if she dosent stay 20 mins extra then in theory she's getting paid to work 6 hours but only working 5 hours and 40 mins

[martin t]

Thanks Bednobs, I work 8-5 with 1 hour lunch bringing the working day down to 8 hours, we are paid 40 hours per week yet we are entitled to a 20 minute break both morning and afternoon which are not deducted from the working week. Some wards at the Hospital have had this situation I mentioned in my question before and have had them deemed wrong by Unions.

[poohshunny]

I don't know what the rules are for the NHS. I work in retail, and am not entitled to a break during a 4 hour shift, but I am entitled to a paid 15 min break on a 5 hour shift. Don't know if that's any help.

Ali

[martin t]

Thanks Pooh I know breaks are mentioned in The working Time Directive but there has been that many ammendments of late it gets a bit confusing. From what I can work out any employee is entitled to a paid break if their working hours exceed a set amount during the day (and there are variations dependant on the employers business) but not sure whether or not it is lawful to stitch the length of time taken onto the end of a shift.

[CheekyChops]

As long as she is still doing 30 hours work, then it is legal.

For example, if she does an 8 hour shift, she should do 4 hours, have 20min break and then do 4 more. Not do 4 hours, have a 20min break and then only work 3 hrs 40 mins.

As you put it, she isn't working 6 and 1/3 hours, she is working 6 and having 20 mins unpaid break.

[martin t]

Thanks for the answers but the Union is now involved, it appears hers is the only ward in the Hospital that is using this practice and all the other wards are allowing a break during a 6 hour shift.

[scoobydooby]

WTR's do state that anyone working over 6 hours must have a 20 minute break but this DOES NOT have to be paid. Companies are under no obligation to pay for staff's breaks. In the past, most Companies have given staff a morning and afternoon PAID break but also given them an UNPAID lunch. However, that is now changing quite rapidly. Most of the major high street employers (Tesco, Boots etc) - who are often leaders when it comes to Working time Regs, due to their staff turnover, are allowing the breaks to be taken but UNPAID for them all.

The only thing the Union can do is try to negotiate something locally, as a 'thank you' to the hardworking staff. However, it's Public service and public money so my guess is that getting the Union involved will result in a complete overhaul and the other wards will have their breaks reviewed.