|
In view of recent press articles about a man who, it is claimed, may not have died if certain ambulance workers were not taking a rest break, the following notes have been prepared to clarify the statutory rules set out in the Working Time Regulations 1998.
The collective agreement between the London Ambulance Service NHS Trust and the recognised trade unions makes the following provisions for rest breaks:
Rest Break Policy - Operational staff (November 2006)
1 Introduction
1.1 The London Ambulance Service NHS Trust in partnership with the Trade Unions has recognised the need to introduce a formal Rest Break Policy for operational staff. The joint approach taken in producing this Policy is in keeping with the national partnership approach applied to Agenda for Change. This Policy has been designed to comply with the requirements of the Working Time Directive.
1.2 The aim and intention of this Policy is to ensure that all operational staff benefit from a formal rest break when working shifts of six hours or greater. It is recognised that due to the demands placed upon our service this will be a significant challenge, however, the intention is that interruption of the paid element of rest breaks or non-allocation of breaks will be by exception.
2. Rest Break Entitlement
2.1 For shifts greater than 6 hours but less than 10 hours in duration, a single rest break of 30 minutes will be allocated. The first 20 minutes of the break will be unpaid and uninterruptible, with the last 10 minutes paid and thus interruptible.
2.2 For shifts of 10 hours or more in duration, the rest break allocated will be a single rest break of 45 minutes. The first 30 minutes will be unpaid and uninterruptible, with the last 15 minutes being paid and interruptible.
2.3 The paid element of the rest break will only be interruptible for the most serious and life threatening calls, which have a Red 1 determinant, and when there is no other suitably qualified LAS resource available to respond. The decision to interrupt a rest break will only be taken with the authority of a manager within EOC or UOC.
3. Compensatory arrangements
3.1 Any interruption to the paid period of a rest break as a result of an emergency call (red 1) will be compensated with a payment of £;10.00; this replaces all previous arrangements for subsistence payments for interrupted breaks and will be subject to a joint annual review.
3.2 In the event of no rest break being allocated within the rest break period (detailed at 6.2), staff will be entitled to compensatory time at the end period of their shift. In these circumstances, the paid element of the rest break will be at the start of the compensatory rest period followed by the unpaid element. This will mean that staff working a shift of less than 10 hours will finish their duty and may go home, 20 minutes prior to the end of the rostered shift. Similarly, staff working shifts of 10 hours or greater will finish 30 minutes prior to the end of the rostered shift.
Source: http://www.lasunison.com/resource/policies/rest break policy dec 06.pdf
The right to take rest breaks
Under the provisions of the Working Time Regulations 1998, adult workers whose daily working time is more than six hours are entitled to a rest break, e.g. a meal break. If the duration and terms on which the rest break is to be taken are not otherwise defined in a collective or workplace agreement, the break must be for an uninterrupted period of not less than 20 minutes. Young workers (under age 18) whose daily working time is more than four and a half hours are entitled to a rest break of not less than 30 minutes. The break should be uninterrupted "if possible". Both adult and young workers are entitled to spend the break away from their workstations, if they use them.
There is no requirement imposed by the Regulations for the rest break to be paid. Payment is a contractual matter between the employer and workers.
Collective and workforce agreements
The entitlement to rest breaks for adult workers (but not young workers) may be amended or excluded by collective or workforce agreements. A collective agreement is one made between one or more independent trade union and one or more employers or employers' associations. A workforce agreement is one made between an employer and the whole workforce or certain groups of workers, in circumstances where there cannot be a collective agreement. Representatives of the workers must be elected specifically for the purpose of making such an agreement.
The Regulations allow collective and workforce agreements to change the length of the rest breaks and the terms on which they are provided, or exclude the requirement altogether. However, if as a result of a collective or workforce agreement, workers are required to work during a period that would otherwise have been a rest period or rest break, they must be permitted to take an equivalent period of "compensatory rest". Such a period of rest should be the same length of time off to which the worker would otherwise have been entitled. Exceptionally, if such "time in lieu" cannot be taken, the employer is required to take whatever action is appropriate to safeguard the worker's health and safety.
Excluded groups of workers
The requirement in the Working Time Regulations 1998 to provide rest breaks does not apply to:
- workers in certain business sectors, including workers in inland waterways, sea fishermen, seafarers and civil aviation mobile staff
- employment where characteristics peculiar to certain specific services, such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with the provisions of these Regulations.
- workers whose working time is unmeasured, such as managing executives or other persons with autonomous decision-taking powers.
Rest breaks are an entitlement and some workers may choose not to take them. However, the provisions are a health and safety matter and employers should ensure that all workers have the opportunity to take advantage of their entitlements. The employer does not have to force workers to take rest breaks, but it must not be the fault of the employer if a worker does not take them.
...UK Payroll News - Latest
|
For Payroll and Human Resource Professionals
