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Additional Details
assault on peace officer 1999
breaking entering 2003...



e-2
Is it illegal if your employer does not give you a break or lunch break?
I have just joined a new security company. I work 12 hours a day shift without breaks or lunch breaks.

I have asked my employer why I dont get any breaks? They have said its because most of the time am not busy doing anything thats why I do not get any breaks.

I thought it was against the law if the employer does not give you a break if you work more than 6 hours.

Are they allowed to do this?

Thanks



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LMC
Yeah I think you could fight it because you have a right to have a break. However, if they said you are not busy doing anything most of the time than that could equal a break. Do some work and then you should get one.

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Sunny
You are supposed to be given a break every five hours but static jobs such as secuirity is a grey area.

By rights you can eat food and drink liquids but it all depends on what taking a break actually means.

I would insist on eating food and taking drinks but apart from that I don't see how it could be taken further but I am in agreement with you.

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Shambles
Rating
If you are in the UK this may help
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

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XX NUCLEAR WAR XX
Rating
If you work for so many hours, they are required by law to let you stop to eat and drink.

If your job is anything like most security jobs, chances are you already have enough downtime each day to eat and drink anyway. If that is the case, then there is probably no harm done. You're just going to have to bring your food with you.

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Murzy
in most states it's 6 hours for an unpaid break

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tinker46139
Rating
The law is, you ,must have a lunch break 30 minutes long after 6 hours of work and two 15 minute breaks during a 8 hour day.

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wayfaroutthere
Rating
If you are allowed to eat and pee on company time, they probably don't have to give you breaks. Required breaks are usually for people in a production environment--where they are NOT allowed to go to the bathroom until break time because the assembly line would stop.

Lunch breaks are usually not paid--so if they gave you a half hour lunch, your shift would turn into twelve and a half hours, or you'd only get paid for eleven and a half hours. If you are brown bagging it anyway, you may be better off leaving things as they are.

Finally, even if your employer is breaking a law like that, fighting it isn't worth the trouble. If you can't take it, find another job, and when you do, you can quit this one.

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ann
After working for 4 hours you entitled to at least a 10 minute break - but the firm may make you take a meal break unpaid

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Clair S
Rating
by law you should get a 15 min paid break every 4 hours. you should have a lunch break but they don't have to pay you for it. there are also laws about time needed off in between shifts if the shift is 12 hours or more. you should call the citizens advice. good luck.

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mr help if i can
Rating
as you work in security this takes a lot of observation witch takes a toll on your mental state or brain work and yes you are entitled to breaks over the 12 hours and you can take the break away from that work area. you say the boss said you are not busy that's why you don t get a break been a security guard you are observing all the time for there benefit so you are working. make a complaint to an industrial tribunal's and record the remarks go back to the company and ask about the breaks your not getting if thy give you the same remarks as before ask for it in writing and then
if they get funny with you and you loose the job sue them

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William202020
Rating
Its illegal

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conrab
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unfortunatley labor laws dont incude salaried employees in some feilds and security law enforcement. due to the nature of the jobs, ie: nurses, cops, guards, etc.. it is possible for a compny to not release you from work for a break. some other laws apply to having to have a place that you may heat and eat, butnot necessarily off the jobsite, or away from an assignd post.

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**Kesha**
Rating
it is illegal. you are legally entitled to 15 minutes for every 4 hours of work that you do. so for a 12 hour shift you are entitled to 45 minutes. that could be a 30 minute lunch and one 15 minutes break or however your employer breaks it up.

You employer has tried to get around this by saying that you dont do a lot for most of the time. that does not qualify as a break as your still on call of duty. Although you may have time to eat a sandwich etc, if something happened you'd need to leave the food and deal with it, so technically your not on a break.

contact your local citizens advice bureau and they will advise you of your rights etc.

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rob G
Rating
get a lawyer and sue them its illegal these companies need to be made examples of

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bud
Rating
you have to get a break every 6hrs, if you work more than 4.5 hrs you are entitled to a half hour break by law, although this you won`t get paid for.

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Judy
Rating
It depends on where you are. There is no federal law requiring lunches or other breaks, but some states to have laws about this.

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Gotcha
Rating
Yes they are breaking the law. I am not sure what the regulations are but if you phone ACAS, they will tell you.

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septemberfreddie
actually, if you are over 18 or not a memeber of a union, they are within their rights. As long as they do not deduct any lunch hour from your paycheck.

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babbers47
no they are not, seek legal advice

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jeanimus
Rating
Your employer not only has to give you a break of at least 20 minutes away from your work station, if your working day is over 6 hours, he has to ensure that you take that break. he is very wrong. the amount of work you do is irrelevant when it comes to the breaks you are legally allowed to take. Put it in writing to him that you want your breaks. This will be the first step in an official grievance. If you need to do that get ACAS or your local CAB to help you. But remember your boss may just make some excuse to sack you even though legally he cant if youre asserting your statutory rights.

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Hayley
Rating
Totally against the law

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?
its against the law and as well as that its against the law to expect somebody to sit in front of a VDU (visual display unit) without taking a break every hour for 15 minutes. so what you do is every 5 hours take a 15 minute break and leave the security on lock down. if people cant get in or out fuc'k 'em! what they expect you do when you need a piss? piss yourself, i think not. tell your boss this is it and this is how its going to be unless you get 2 off you to work a shift. also its illegal for one person to work a shift alone. check out the HSE they'll tell you whats what!

ps: no company can stop an employee going for a toilet break or a water break, thats the law and its international. if i want to skive on site all i do is go to the stand pipe and fill a cup of water sip it toss it out and fill it again as many times as i want! i can do that all day if i wanted.

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