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No time for break - NHS

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Jedmo | 23:02 Tue 11th Aug 2009 | Jobs & Education
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i work for the NHS on a busy ward where i do a mixture of 7.5 hr shifts and 13.5 hr shifts. on the shorter shift i get 20 mins paid break if time allows, on the longer shift 2 x 30 mins unpaid break.

we've recently been told we are not allowed drinks at the nurse's desk as patients can see us.

often we don't get time for a break, esp on the shorter shift. where do we stand on insisting the management allow us to have a drink at the desk as 7.5hrs without a drink is a sure fire way to make us all into renal patients!!
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Under the normal working hours regulations, adult employees are entitled to a single 20 minute unpaid break if their shift exceeds 6 hours. That entitlement is neither 'cumulative' nor 'pro rata'. i.e. even if you work a 24 hour shift you're still only entitled to a single 20 minute unpaid break.

However jobs which require 'continuous staffing' (as in a hospital) are exempted from the normal provisions relating to breaks. You can be expected to work without a rest break but you should then be given 'compensatory rest' at a later time.

See here:
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029451

It seems unlikely that the Working Hours Regulations can help you much. However Health & Safety legislation is entirely separate to those regulations. Under HSE laws, your employer is obliged to consider the health aspects of any working practices. You might be able to argue that a lack of fluid intake presents a risk to your health but, now that recent research has basically rubbished the old idea that we all need to drink more water, you might find it hard to do so. (I've worked plenty of 12 hour shifts without any food or drink and I still seem to be alive!).

Chris
even if you do argue for a break, they can specify where you have it. It seems very good practice not to allow drinks at the desk where patients can see you, to me
as you work 13.5 hour shifts sometimes dont forget that the european working time regulations state that you must have 11 continuous hours rest between work periods
bednobs is absolutely correct.

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No time for break - NHS

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