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Shop workers' meal breaks

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wheelie1949 | 19:54 Sat 02nd Feb 2008 | Law
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Can you tell me when shop workers are allowed/required to take a break? Years ago the Offices Shops and Railway Premises Act specified a minimum of 30 minutes after 5 hours worked but I can't find the up- to- date rules.
My daughter's employer is trying to tell her that it is solely up to them when she gets a break.
Thanks in advance.
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This is covered by Section 6 of the Working Time Regulations:

If a worker is required to work for more than six hours at a stretch, he or she is entitled to a rest break of 20 minutes.

The break should be taken during the six-hour period and not at the beginning or end of it. The exact time the breaks are taken is up to the employer to decide.

Employers must make sure that workers can take their rest.

Different rules apply to young workers (above the minimum school leaving age but under 18). If a young worker is required to work for more than four and a half hours at a stretch, he or she is entitled to a rest break of 30 minutes.

http://www.berr.gov.uk/employment/employment-l egislation/employment-guidance/page28979.html# rest_breaks

Section 8 covers any exceptions to the rules.
to give you a hands on perspective, if I rota a member of my staff in for 4 hours they get no break, if i rota them in for 5 hours they get 20 minutes paid break, 6 hours 30 minutes paid break
anyone who works 7 .5 hours or over gets an hour unpaid lunch break and two paid 20 minute breaks.
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there is no different break times for under 18s at all here, I employ 3 girls under 18 and the rules are the same for them
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I don;t need to check, there are only different regulations for workers who are under the statutory school leaving age.

wheelie I should add that as they are paid breaks, they can only be taken of there is the chance, the neads of the business come first and if it is busy then breaks are not taken. and they are not 'owed' nor carried forward, as they have been paid for.
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i better ring our CEO on Monday and tell him his 300 branches are breaking the law then
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You are such a helpful person Legend, its so nice to know someone who is as knowledgeable as you. I consider myself lucky to be able to call you my friend!
Question Author
Daughters meal breaks are unpaid. Does this make a difference?
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I agree dove....sometimes leggy can provide an amazing amount of useful info......I briefly managed a tearoom that employed a number of 15yr olds..and I do remember the regulations being quite specific for them. A few years have passed,,and I wasn't sure of the correct facts,so hadn't butted in-lol.
So legend, how come Pizza Hut, Brewer's Fayre etc. are "breaking the law" by only giving 15 minutes per 6 hours instead of the 20 minute entitlement?

My advice is to read Section 8 of the Working Time Regulations found within the link in the first answer.
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Question Author
Thanks for that. What a lot of food for thought.
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