breaks...

[Chris Lowe]

Im not completely sure which section this belongs in so I put it here. I work as a casual backstage technician at a theatre in Essex and we do some long old hours, as you probably all do. My question is what sort of time do you have to be working in order to get some form of break? we worked from 8.30am till 2.30pm today and were given a quarter hour break. I was wondering if this is legal and if not, which sort of regulation/legislation could I quote in future to ensure we all get sufficient breaks? I have always thought that it is 15 minutes for every 4 hours worked. Any help would be appreciated as I feel they are taking the piss by giving us too few break periods. Cheers all

[benge]

Hi Chris,

 

I don't know what the law states, but I tend to go by the principle of 4 hours work to 10 min break.

 

Hope it helps

 

Ben

[djw1981]

The following may help you

Rest breaks - a break during your working day

 

The regulations give you a right to one rest break during your working day. A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There's no statutory right to 'smoking breaks'.

 

If you're an adult worker (ie over 18), you'll normally have the right to a 20 minute rest break if you're expected to work for more than six hours at a stretch.

 

If you're under 18 but over school leaving age (you're under school leaving age until the end of summer term of the school year in which you turn 16) you're classed as a 'young worker'. A young worker is entitled to a 30 minute rest break if they are expected to work for more that four and a half hours at a stretch.

 

The requirements are:

* the break must be in one block

* it can't be taken off one end of the working day - it must be somewhere in the middle

* you're allowed to spend it away from the place on your employer's premises where you work

* your employer can say when the break must be taken, as long as it meets these conditions

Daily rest - a break between working days

 

If you're an adult worker you usually have the right to a break of at least 11 hours between working days. A young worker has a right to a break of at least 12 hours between working days.

 

Weekly rest - the 'weekend'

 

If you're an adult worker you usually have the right to 24 hours clear of work each week or 48 hours clear each fortnight.

 

If you're a young worker (see above), you must have at least 48 hours clear of work every week. If the nature of the job makes it unavoidable, e.g. if you work split shifts, then the 48 hours could be reduced to 36 hours so long as time off is given later in compensation.

Source: Direct.gov page on Working Time Regulations

[eviljohn2]

The definitive answer is helpfully shown above. More realistically I'll take breaks when I can get them - some days I'll go 18 hours or longer straight through without breaks if necessary, other days I'll take fairly extravagant breaks to make up for it. I guess it depends on your line of work though. :o

[paulears]

18 hours without a break. And you were still able to function? No way I could.

[mikienorth]

Do you work under a BECTU/TMA agreement?

If so this states that:

 

MEAL BREAKS

A meal break shall normally consist of one hour and shall not count as working time or be

paid. It shall be taken at a time to suit operational requirements. If a call for duty is for more than 5 hours one meal break shall be given.

If a call for duty is for more than 10 hours (excluding the meal break due in 2.3.2 above) on

any day between 9.00am and 11.00pm, a total of two meal breaks shall be given and one

payment of £4.29 meal expenses made (or a meal provided).

If a call for duty is for more than 15 hours a total of three meal breaks shall be given and two

payments of £4.29 meal expenses made (or two meals provided).

Resumption of work after a meal break of more than one hour shall constitute a new call.

An employee required to work through a meal break will be paid half-time extra (but not less

than double time in aggregate) for each thirty minutes (or part thereof) of break so missed; this

time will be included in the calculation of hours worked, but will not attract further overtime

payments.

Reasonable facilities for two paid breaks of fifteen minutes each shall be provided by the

Manager to staff called within the basic working day. Reasonable facilities for a paid break of

fifteen minutes during each matinée and evening shall be provided by arrangement with the

Manager for Front of House Attendants, and a break of fifteen minutes for the Stage Staff

during each performance or as may otherwise be taken.

 

Not all theatres are subject to these rules, but many theatres do work under them. I am unsure of the legal requirement of breaks, but everywhere I have ever worked there has always been a morning tea break, a lunch break of about an hour, and an afternoon tea break, the tea breaks are 20 minutes to half an hour long everywhere I have worked.

 

Working overnight (get outs) is different, and frequently we will not break, as it means we can get home to bed quicker, but we (here) are compensated for missed breaks overnight by a payment in lieu of it.

 

Hope this helps, or at least shows how a lot of places do it.

[Matt Riley]

I think that what one must remember is that we very rarely work solidly 18 hours. In my job we do frequently work what may be called long hours. The fact of the matter is though, that during a gig we need very few staff, and so I often get a big long break between 9pm and midnight. Its all about working hours that you feel safe to do and not deluding yourself. Besides, if you end up at a gig where you don't have 20 minutes kicking your heels in 6 hours, then you run a tight ship!

 

Also, you are the only one who can determine what is safe for you in your situation. I have to hold down a full time law degree at the same time as my tech job. This directly affects how much work I can do safely. But only I can know how long I can go without hurting anyone - and I can tell you that it is significantly less than the WTD on occasion!

 

Keep it chilled out and don't get burned out!

 

Matt

[mac.calder]

Breaks are generally by negotiation with the employer. The employer will of course have to follow guidelines and rules set down by the government and the award you are employed under. 10 minutes for every four hour block seems to be a fairly standard 'thing', 1/2 hour for lunch (often unpaid) if working six hours and 1 hour (unpaid) if working over 8 or 9.

 

Scheduled breaks however, only tend to work in a structured environment (which theatre usually isn't). Most employers do not mind how you take your breaks, provided they do not inconvenience people, and the work gets done. That means that what often happens is when you need a break, you finish your job until you reach a stage it can be left for a few minutes, go and do your thing, trying not to get too far away from the action, then come back and resume work. When it is time for lunch/dinner, you finish what you were doing, give a shout that you are going for dinner and leave the space (or what also tends to happen is that everyone decides to go to dinner/lunch at the same time).

[mattwright15]

One Main thing which can be over looked when giving brakes is, (from a non regulation point of view)

 

Do the crew need a brake? There is no point giving a brake to a crew who don't need it. They will just go to there crew room and complain to each other how slow the day is going and there is no reason for them to be in so early.

 

So from the side of the brake giver I usually tend to give a brake when the crew feel one is needed (this doesn't work with lazy crews who rather just brake all day and work for 20Min's or half hour).

 

 

When thinking of brakes in this industry we all have to realise we do a very different job to every other person in any other industry so the standard regulations might not be the best.

There's not many people who can say they enjoy doing 60, 70 or even 80 hour weeks, But most people in this job do.

 

This is because we understand that what ever happens the show must go up on time on opening night. Now hardly ever will we have to work all day with out a brake but sometimes its called for and if you think your body is able to do it and you want to why not.

But when you employer is being very funny about giving you a well deserved brake for example a 20min tea brake at 11 or a dinner brake at 1 just because they are trying to look good to a in coming company just remind them this.

 

A hard working Crew is a Happy Crew! And a reasonable length tea brake Does make a very big difference to a crew who have been working hard, Even if you are running behind schedule. (Touring crews always remember Hardworking fun crews who they have a laugh with rather then the ones who they try to forget before the truck is even loaded on the get out)

 

So Chris my advise to you is make sure there is a good level of respect on your crews side of the brake bargaining, and I'm sure your employer will have no reason to be strict with them. And if they really don't want to understand this reasoning Just hope you get a new reasonable boss soon who will look after the crew who work for his brownie points too!

[djw1981]

One Main thing which can be over looked when giving brakes is, (from a non regulation point of view)

 

Indeed it could be argued that a brake will slow people down but a break may speed them up.

[Pete]

This is because we understand that what ever happens the show must go up on time on opening night.

Now hardly ever will we have to work all day with out a brake but sometimes its called for and if you think your body is able to do it and you want to why not.

 

I suggest you read the long working hours thread.

[mac.calder]

When thinking of brakes in this industry we all have to realise we do a very different job to every other person in any other industry so the standard regulations might not be the best.

There's not many people who can say they enjoy doing 60, 70 or even 80 hour weeks, But most people in this job do.

 

This is because we understand that what ever happens the show must go up on time on opening night. Now hardly ever will we have to work all day with out a brake but sometimes its called for and if you think your body is able to do it and you want to why not.

But when you employer is being very funny about giving you a well deserved brake for example a 20min tea brake at 11 or a dinner brake at 1 just because they are trying to look good to a in coming company just remind them this.

 

A hard working Crew is a Happy Crew! And a reasonable length tea brake Does make a very big difference to a crew who have been working hard, Even if you are running behind schedule. (Touring crews always remember Hardworking fun crews who they have a laugh with rather then the ones who they try to forget before the truck is even loaded on the get out)

 

I almost take offense at this. I have temped in many industries, and "The show must go on" sort of stuff occurs in all of them. "We must have that server online by" or "We must have that delivery made by" etc occurs everywhere - and frankly, a lot of the time, getting those jobs done on time will be more critical than a show. Shows can be canceled. It costs a lot, and there is negative press, but it can be done. In some occupations, missing a deadline can mean loss of essential services, clients and money. We (in theatre) are not too different from the rest of the world. It may not be conventional 9-5, but we still put our pants on the same way - one leg at a time.

 

When you allow rules and regulations to be bent in certain cases, then they start to fall down. I agree that a certain amount of free will comes into play, but it is also the employers responsibility to make sure that their staff are working to the best of their ability, and safely - which means that they need to take breaks. You say "if you think your body is able to do it." - frankly, I have seen too many cases of the body lying to allow that sort of talk. All those people who think they are alright to drive home, who seem alert, suddenly falling asleep at the wheel, people who collapse, even though just 10 minutes ago they seemed right as rain.

 

The show going on is fairly low down the list of priorities - the safety of everyone involved and well being of the crew are right up the top.

[Guest lightnix]

...some days I'll go 18 hours or longer straight through without breaks if necessary...

Are you sure that's a good idea? ;)

[Rob_Beech]

Just to briefly add to macs point, I know it was implied but I'll put it in writing, when we say "shows can be cancelled" this is of course extreme. But unlike some deadlines a show can go up 10 minutes late, yes its noted, and its not good, but better late than never. Someone transporting a human heart may not have this luxury, every second counts. (ok extremes again but the point is there).

[lightsource]

Just going slightly ;)

 

From the British Medical Association's website -

 

May 2006

 

(This briefing paper applies to the UK)

 

It remains the opinion of the BMA that tired doctors often do not work to their full potential. Studies have shown that the effects of sleep deprivation are similar to the effects of alcohol consumption on driving performance. It is important that the working hours of junior doctors continue to be reduced to sensible levels so that a safe, high quality service can be provided for patients1.

 

Current situation

Between sixteen and forty percent, depending on nation, of the UK's junior doctors are working more than 56 hours a week, or without adequate rest, according to latest Department of Health figures.

 

New measures to try to address the long hours worked by junior doctors were introduced in December 2000. The new contract for junior doctors (the New Deal), negotiated by the BMA and the Health Departments, sets the limits on working hours. From 1 August 2001, it became illegal for newly qualified junior doctors to be working more than 56 hours a week, or without sufficient rest. The same limit has applied for all other doctors since August 2003.

 

It is more than a decade since the New Deal was introduced to limit the hours worked by junior doctors and yet a significant number of junior doctors are still expected to work excessive hours. Many hospitals have been reluctant to make the necessary investment and changes in working patterns to reduce junior doctors' hours to safer levels. In some hospitals almost the entire junior doctor workforce is working hours above the safe limits. These figures are an indictment to over 10 years of inaction by hospital trusts.

 

For the first time, the restrictions on hours are a statutory requirement for new junior doctors. Hospital trusts must make fundamental changes if newly qualified doctors are to have any chance of working more reasonable hours. If trusts fail to reduce hours for these doctors, not only are they risking patients' lives and the health of their medical staff, they could find themselves facing legal action.

 

And that's the NHS - Your LIFE in THEIR hands.