Rest breaks working 12 hour shifts

[Ivor]

Good Afternoon all

I work for a zero hours agency & when I get 12 hour shifts (platform customer services) which isn’t too often fortunately I am given a 20 minute break & Googling anything 6 hours plus seems to be the legal requirement but it’s all a bit vague.

My question is for 12 hours shouldn’t I get two 20 minute breaks? Or are they taken away from the 12 hours to be 11 hours plus?

I work at various stations & mainly work solo but the 12 hour ones are normally at a bigger station & when I ask TOC manager/supervisor diplomatically re breaks always told 20 minutes but I’ve noticed TOC staff on 8.45 hours get a good hour, no complaints from me as good luck to them.

I’ve got to admit especially working in the elements e.g. bus replacement work etc I do feel it working the shift with only a 20 minute sit down.

 

[ComUtoR]

Are you on a 'split shift' ?

 

[Ivor]

Are you on a 'split shift' ?

No straight 12 hours.

 

[mailbyrail]

The relevant government information states:
Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The break doesn’t have to be paid - it depends on their employment contract.

Taking breaks
Employers can say when employees take rest breaks during work time as long as:

• the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
• workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)

It doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished.
Unless a worker’s employment contract says so, they don’t have the right to:

• take smoking breaks
• get paid for rest break

Compensatory rest
Workers may be entitled to ‘compensatory rest’ if they don’t have the right to specific rest breaks. Compensatory rest breaks are the same length of time as the break (or part of it) that they’ve missed.
A worker may be entitled to compensatory rest if:

• they’re a shift worker and can’t take daily or weekly rest breaks between ending one shift and starting another
• their workplace is a long way from their home (eg an oil rig)
• they work in different places which are a reasonable distance from each other
• they’re doing security and surveillance-based work
• they’re working in an industry which is very busy at certain times of the year – like agriculture, retail, postal services or tourism
• they need to work because there’s an exceptional event, an accident or a risk that an accident is about to happen
• the job needs round-the-clock staffing so there aren’t interruptions to any services or production (eg hospital work)
• they work in the rail industry on board trains or their job is linked to making sure trains run on time
• their working day is split up (eg they’re a cleaner and work for part of the morning and the evening)
• there is an agreement between management, trade unions or the workforce (a ‘collective’ or ‘workforce’ agreement) that has changed or removed rights to these rest breaks for a group of workers

 

[Ivor]

The relevant government information states:
Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The break doesn’t have to be paid - it depends on their employment contract.

Taking breaks
Employers can say when employees take rest breaks during work time as long as:

• the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
• workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)

It doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished.
Unless a worker’s employment contract says so, they don’t have the right to:

• take smoking breaks
• get paid for rest break

Compensatory rest
Workers may be entitled to ‘compensatory rest’ if they don’t have the right to specific rest breaks. Compensatory rest breaks are the same length of time as the break (or part of it) that they’ve missed.
A worker may be entitled to compensatory rest if:

• they’re a shift worker and can’t take daily or weekly rest breaks between ending one shift and starting another
• their workplace is a long way from their home (eg an oil rig)
• they work in different places which are a reasonable distance from each other
• they’re doing security and surveillance-based work
• they’re working in an industry which is very busy at certain times of the year – like agriculture, retail, postal services or tourism
• they need to work because there’s an exceptional event, an accident or a risk that an accident is about to happen
• the job needs round-the-clock staffing so there aren’t interruptions to any services or production (eg hospital work)
• they work in the rail industry on board trains or their job is linked to making sure trains run on time
• their working day is split up (eg they’re a cleaner and work for part of the morning and the evening)
• there is an agreement between management, trade unions or the workforce (a ‘collective’ or ‘workforce’ agreement) that has changed or removed rights to these rest breaks for a group of workers

Thanks for the reply, yes I found Googling.

I thought in my naivety I may get 2 X 20 min breaks on 12 hours hence my question but looks like 20 mins re 6 plus hours so 20 mins for 12 hours it is irrespective.

 

[Twotwo]

Unfortunately, it is 20 mins. I've been in a similar position as you doing 9 hour shifts and only getting a mere 20 mins in my previous role so i made sure I had a long tiolet break lol I think it helps when you have colleagues that can cover? When I used to work as a gateline staff in another role I always ensured I was fair regardless if the other person was agency or employed by the toc. Even having someone to cover you a extra 10/20 mins on top of your 20 mins means you have a 40 min break. Perhaps try reaching out to other colleagues?

 

[Ivor]

Unfortunately, it is 20 mins. I've been in a similar position as you doing 9 hour shifts and only getting a mere 20 mins in my previous role so i made sure I had a long tiolet break lol I think it helps when you have colleagues that can cover? When I used to work as a gateline staff in another role I always ensured I was fair regardless if the other person was agency or employed by the toc. Even having someone to cover you a extra 10/20 mins on top of your 20 mins means you have a 40 min break. Perhaps try reaching out to other colleagues?

Yep I have to admit on 12 hour shifts at ‘some’ stations the TOC staff have often said (if they have the authority) “go for a cuppa” & if I’ve said “I will hang on for my 20 minute break” I’ve been told “no I’m telling you to go for a cuppa for 10 minutes as well as”

The Supervisor where I will work for a couple of days this week is no fan at all of Agency staff & when myself & others pre Xmas covered the rail replacement duties in pouring rain I had to track him down 8.5 hours in to say could he organise breaks or we wouldn’t get one (that went down well) mind you the upside was we were close to the loos

Overall the TOC staff across the route are great, just the odd exception

 

[Twotwo]

Yep I have to admit on 12 hour shifts at ‘some’ stations the TOC staff have often said (if they have the authority) “go for a cuppa” & if I’ve said “I will hang on for my 20 minute break” I’ve been told “no I’m telling you to go for a cuppa for 10 minutes as well as”

The Supervisor where I will work for a couple of days this week is no fan at all of Agency staff & when myself & others pre Xmas covered the rail replacement duties in pouring rain I had to track him down 8.5 hours in to say could he organise breaks or we wouldn’t get one (that went down well) mind you the upside was we were close to the loos

Overall the TOC staff across the route are great, just the odd exception

When I worked at swr we had generous breaks because there was a lot of staff so it was rotated fairly but when I worked at tfl rail the breaks was integrated in your shifts so it was harder to take the piss lol I.e you give someone a break on gateline 2 for 20 mins then go to gateline 1 to relieve the person who's finishing their shift. But when there was someone spare then they would come and give you a break. I think just asking politely to someone in charge (not a manager, jus a supervisor or platform staff) usually does the trick. Or jus radio for a tiolet break and if no one comes to cover you then you've done your job and if anything happens between the time you've gone it's nothing to do with you.

 

[Ivor]

When I worked at swr we had generous breaks because there was a lot of staff so it was rotated fairly but when I worked at tfl rail the breaks was integrated in your shifts so it was harder to take the piss lol I.e you give someone a break on gateline 2 for 20 mins then go to gateline 1 to relieve the person who's finishing their shift. But when there was someone spare then they would come and give you a break. I think just asking politely to someone in charge (not a manager, jus a supervisor or platform staff) usually does the trick. Or jus radio for a tiolet break and if no one comes to cover you then you've done your job and if anything happens between the time you've gone it's nothing to do with you.

Thanks for the tips