How do you take a legaly entitled Rest break when you work alone on site alone?

[cassa333]

[ChuckFickens]

Stop working, have a cuppa.

[Teleph0ne]

If you mean you are customer facing and need replacing when taking a break or operating a machine that requires continuous supervision then your employer needs to provide somebody to cover your breaks for you.

[cassa333]

A hotel/hostel night worker who is supposed to sleep overnight.

So a suplementry q would be do they get minimum wage or for the sleeping hours?

[Teleph0ne]

If you are required to be there then you should be paid to be there, presumably you would need to wake up and be available if required so you should be paid in full for the hours you are there on duty

[ChuckFickens]

Sorry, but are you seriously asking how you take your breaks when your work involves sleeping?

I guess you could set your alarm to go off at the appropriate times, get up make a cuppa, go out side for a ciggie if you want then go back to bed having had a break.

Think I'd rather just stay asleep though.

[ChuckFickens]

OH sorry, I apologise.

I've just realised you said rest break, as in the time away from work between shifts, not as in tea breaks

[NoMercy]

Nice one, Chuck. :-)

[cassa333]

Sorry I posted the question without thinking it through properly.

There are several issuse. One is, if you work alone on site (day or night) how can you take a legaly required rest break if you work more than the minimum hrs away from the premises if you work alone and someone has to be there? two if part of your shift is sleeping over night do you have to be paid the minimum wage for the asleep part of the shift? or does the pay from the whole shift have to reach the minimum? and three if you work a 16hr shift is there a minimum rest break away from the premises that you should take?

These assume you have opted out of the working time directive.

Sorry again if I didn't make myself clear first of all.... It seems so clear in my head lol

[cassa333]

OMG I just re-read that first part... I think I'll just go and shoot myself!

[cassa333]

I'll try again lol

If you work 6hrs or more (in this case 16) you are entitled to rest/coffee breaks within the shift. Do these HAVE to be taken away from the work station or premises? For instance if your job is answering the phones and someone (you) have to be available to take them.

[dizmouk2009]

cassa333 a break is a break. It means takings an amount of time 'away' from work. I used to work in a bar. When I took a break (which I hardly ever got) I used to stay on the premises, sometimes even staying behind the bar. If the phone was to ring it was my choice whether I answered it or not. Because you are legally entitled to breaks you don't have to stay on the premises nor do you have to 'work' during them periods (whether you're there on your own or not). Lets take your example into consideration; You work in an office alone, all day every day, you're not the boss (this matters, if you were the boss you'd care if you lost customers..) and you're entitled to schedueled breaks, the time comes, you get your cup of tea and you set the recliner back on your chair - paradise. Then the phone rings? oh noes, what to do.... You don't have to answer it, now would you have to deal with a customer walking into the office. In the end it is your bosses responsibility to ensure you get the legally required breaks you're entitled to and ensure someone can cover them breaks.

[dizmouk2009]

"now would you have to deal with a customer" should read "nor would you have to deal with a customer"