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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45360
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I currently work night shifts 7 nights on 7 off , I

Resolved Question:

Hi
I currently work night shifts 7 nights on 7 off , I cover 91 hours a week paid for 87.5 as we are given a 30 minute unpaid break. i have recently found out that by law i can have 20minutes for every 6 hours and I work 13 hours a night. my contract states 30 minutes. I have made my employer aware of this and they have changed it to 2 x 30 minutes and have not said about changing our salary so assume it is a paid break. for the last 6 months i have not been getting my full breaks and I asked if I could claim this back which they said i couldnt, is this correct ?
thanks
jo
Submitted: 9 months ago.
Category: Employment Law
Expert:  Remus2004 replied 9 months ago.
How long have you worked there please?
Customer: replied 9 months ago.
its a new job role but in total 2 years. i started working during the days originally.
Customer: replied 9 months ago.
been working nights for 6 months.
Expert:  Ben Jones replied 9 months ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. You are indeed correct that workers are entitled to at least a 20 minute break for every 6 hours of work, so someone working 13 hours will be entitled to two 20-minute breaks. These can be unpaid unless the employer decided to exercise their discretion and paid you for them, but that is entirely up to them. In your case you have a contract which states that you are contracted to work 91 hours a week and paid for 87.5 of that. They must continue paying you for the 87.5 hours. It is wrong to assume that just because they did not mention anything about payment for the breaks that they will be paid – it is in fact the opposite – by law these breaks are unpaid and only if the employer makes it clear that they will be paid will they become such. So in the absence of anything to suggest they had agreed to pay you for them, they will be unpaid, but the employer will have a duty to continue paying you for any contracted hours. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 9 months ago.
hi thanks for your reply
just to confirm there is nothing i can do for the breaks i have lost? I have injured myself at work and will be putting in another question to ask about that but feel if i have the breaks and rest i by law deserved then my injury may not have happened
thanks
j
Expert:  Ben Jones replied 9 months ago.
The ‘lost’ breaks cannot be compensated by themselves. As they are unpaid, you cannot claim any financial compensation for them. As you have identified there could be additional issues that may have given rise to other matters but these would be dealt with separately depending on what they are. Had the employer not amended their practices and continued to fail to give you the breaks you are entitled to that is when you could have taken further action. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45360
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
yes thank you for your help. just seems unfair that i had to bring it to their attention but least I am getting the correct breaks now.
thanks again
j
Expert:  Ben Jones replied 9 months ago.
you are most welcome

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