The Student Room Group

Am I entitled to a break?

So I work 9-5 but get forced to do overtime till 7-9 everyday, earning the same weekly pay. But I only get 20-30 mins break a day, am I entitled to a longer break because I get forced to do the longer hours?
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.
So no, you aren't actually entitled to anymore breaks (plus you get two hours between 5 and 7 anyway)
(edited 5 years ago)
Reply 2
Original post by AzureCeleste
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.
So no, you aren't actually entitled to anymore breaks (plus you get two hours between 5 and 7 anyway)

I mean I do overtime to 7-9 not that I get a 2 hour break, so I work 10-12 hours a day
Original post by Anonymous
I mean I do overtime to 7-9 not that I get a 2 hour break, so I work 10-12 hours a day


He said that you get a 2 hour break before overtime.
Original post by AzureCeleste
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.
So no, you aren't actually entitled to anymore breaks (plus you get two hours between 5 and 7 anyway)


I think he means instead of working 9-5 like he is supposed to, he works 9-7 or 9-9 with only a 20-30minute break.
Reply 5
Original post by BrandonS03
He said that you get a 2 hour break before overtime.

I mean I work from 9am to 7pm or 9pm with a 20 min break, I don’t get a 2 hour break.
OP - what does your contract say about doing overtime?
Original post by BrandonS03
He said that you get a 2 hour break before overtime.


Original post by AzureCeleste
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.
So no, you aren't actually entitled to anymore breaks (plus you get two hours between 5 and 7 anyway)


He/she (OP) means she continues working until some time between 7pm and 9pm. So she is working between 9-7 and 9-9. so he/she works 10-12 hours a day with one 20-30 minute break.
Reply 8
Original post by DrawTheLine
OP - what does your contract say about doing overtime?

Nothing, I have to do it for the same fixed money every week. So I could work till 1am and not earn a penny more
Original post by Anonymous
Nothing, I have to do it for the same fixed money every week. So I could work till 1am and not earn a penny more


If it doesn't say that you have agreed to work overtime then you can refuse to do it because you aren't contractually obliged to.
Original post by DrawTheLine
If it doesn't say that you have agreed to work overtime then you can refuse to do it because you aren't contractually obliged to.

Always risky relying on contractual terms when you've worked at a company for fewer than 2 years, btw.
Original post by Anonymous
So I work 9-5 but get forced to do overtime till 7-9 everyday, earning the same weekly pay. But I only get 20-30 mins break a day, am I entitled to a longer break because I get forced to do the longer hours?


If the stuff you say is true, you need to get out of that job as fast as possible.

Working till 7 every day = 50 hour working week. Weeks if you worked till 9pm every day is a 60 working hour week. These are both illegal unless you've signed away you 48 hour rights or in a rare exemptions group. Likely illegal.

Unlawful deduction from wages - not paying you on a gigantic scale. There are some subtleties in the law, but it's likely on paper they are breaking the law on a grand scale not paying you for obscene amounts of overtime.
Original post by Anonymous
Nothing, I have to do it for the same fixed money every week. So I could work till 1am and not earn a penny more


No. No. No. No. A million times no.

There are two clear resolutions here, one is that overtime is banned, express term in the contract rather than some bloke down the pub or your boss said overtime is banned. You'd don't work it.

Overtime is not banned, you're due the pay.
Original post by marinade
If the stuff you say is true, you need to get out of that job as fast as possible.

Working till 7 every day = 50 hour working week. Weeks if you worked till 9pm every day is a 60 working hour week. These are both illegal unless you've signed away you 48 hour rights or in a rare exemptions group. Likely illegal.

Unlawful deduction from wages - not paying you on a gigantic scale. There are some subtleties in the law, but it's likely on paper they are breaking the law on a grand scale not paying you for obscene amounts of overtime.

I can’t its a placment job, so if I quit. I fail the year which is BS
Original post by Anonymous
I can’t its a placment job, so if I quit. I fail the year which is BS


I assume you've explored options at the university end as to bringing pressure upon them? That will vary by university, but I've heard of problems on placements. Your health is an incredibly precious thing.
Btw legal minimum is 20 min break on a 12 hour shift (anything six or longer). I've read the caselaw on challenges to it for people working 12 hour shifts before.

It really comes down to what your contract says on breaks. If it says if you work a 12 hour shift you get more then you get more and so on.

If contract and policies say nothing then it's 20 mins :frown:.
Original post by marinade
Btw legal minimum is 20 min break on a 12 hour shift (anything six or longer). I've read the caselaw on challenges to it for people working 12 hour shifts before.

It really comes down to what your contract says on breaks. If it says if you work a 12 hour shift you get more then you get more and so on.

If contract and policies say nothing then it's 20 mins :frown:.

Wow man, 20 mins really sucks when working 12 hours. I get really hungry and bad headaches towards the end of my shift and was hoping I could have another 15 min break to eat something.
You should be getting a 45minute break
Original post by AnimeCatsMemes
You should be getting a 45minute break

I wish I did or at least another 15 mins break in the evening because I get hungry
Original post by marinade
I assume you've explored options at the university end as to bringing pressure upon them? That will vary by university, but I've heard of problems on placements. Your health is an incredibly precious thing.


I agree. Speak to the uni

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