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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47613
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work 3.30am 11am do I haue to take break as I not had break

Customer Question

I work 3.30am 11am do I haue to take break as I not had break about 15 years.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Ben Jones :

Also what does your contract say about taking breaks?

JACUSTOMER-bof9igmo- :

Hello ben

JACUSTOMER-bof9igmo- :

hello ben I have been working they for 32 years and not taken break in the post 15 years. I work 8am to 3.30pm on Saturday and back 1am sunday am .do haue right to a 11 hour.rest break

Ben Jones :

As a worker you have the right to certain breaks under the Working Time Regulations 1998. These are:



  • Rest breaks of 20 minutes for every full 6 hours of work

  • Daily rest of 11 uninterrupted hours in every 24-hour period

  • Weekly rest of 24 uninterrupted hours in every seven-day period


 


However, employers, in limited circumstances, may to require certain workers to work during periods which would otherwise be a rest period or a rest break. This might happen where:



  • "Special case" workers (see here: http://www.legislation.gov.uk/uksi/1998/1833/regulation/21/made)

  • You are a shift worker changing shifts, such as from days to nights, which prevent the taking of a full daily or weekly rest period

  • The work entails periods of work split up over the day, as may be the case with cleaning staff

  • There is a collective or workforce agreement varying the entitlement to rest periods or breaks


 


Assuming none of the above exceptions apply then you have the right to demand this 11 hour break between shifts.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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