Im a new employer - help

pola5

Can you help me with this small problem
I have recently taken over a business
My question
If someone works 4.5 hours are they entitled to a PAID 15 break or unpaid ??
if unpaid then they would only get paid for 4and 1/4 hours? ... right??
( this is a retail / convenience store)

I also have office staff who work 9 - 6 . ( paid for 8 hrs) They leave at 5.30 cos they work through their lunch break - ( 1.00 - 1.30) so in effect they are getting paid for their half hour lunch .. They also get a 15 min break at 11. ( obviously paid too)

Is this correct >
hoping someone can help me out here
P

Eoin

From this page:

The general rule on breaks is that you are entitled to a break of 15 minutes after a 4 ½ hour work period. After a 6-hour work period you are entitled to a break of 30 minutes, which can include the first 15-minute break. There is no entitlement to be paid during these breaks and they are not considered part of working time.

Shop employees who work more than 6 hours and whose hours of work include 11.30am-2.30pm are entitled to a one hour consecutive break which must occur during those hours. Employees who work in the Retail Grocery trade (Nationwide) and the Retail Footwear and Drapery Trade (Dublin only) are entitled to a 15-minute paid break (exclusive of the main meal break) if working more than 4 ½ hours.

Your office workers are obviously not doing an 8 hour day.

msg11

pola5 wrote: »

Can you help me with this small problem
I have recently taken over a business
My question
If someone works 4.5 hours are they entitled to a PAID 15 break or unpaid ??
if unpaid then they would only get paid for 4and 1/4 hours? ... right??
( this is a retail / convenience store)

I also have office staff who work 9 - 6 . ( paid for 8 hrs) They leave at 5.30 cos they work through their lunch break - ( 1.00 - 1.30) so in effect they are getting paid for their half hour lunch .. They also get a 15 min break at 11. ( obviously paid too)

Is this correct >
hoping someone can help me out here
P

I work in Tesco and if I was working..

9-6.. I would get 15 mins in the morning paid. Then a 1 hour break unpaid.

If I was to work a 1-6 I would get a 15 min break paid. You you not make a 5 hour shift so they can get there 15 min paid break and you get an extra 15 mins work?

Oranage2

pola5 wrote: »

Can you help me with this small problem
I have recently taken over a business
My question
If someone works 4.5 hours are they entitled to a PAID 15 break or unpaid ??
if unpaid then they would only get paid for 4and 1/4 hours? ... right??
( this is a retail / convenience store)

I also have office staff who work 9 - 6 . ( paid for 8 hrs) They leave at 5.30 cos they work through their lunch break - ( 1.00 - 1.30) so in effect they are getting paid for their half hour lunch .. They also get a 15 min break at 11. ( obviously paid too)

Is this correct >
hoping someone can help me out here
P

Like what Eion said:

If somebody works 4 and a half hours they're not entitled to a break.

As for you're office staff - they're entitled to a total break time of half hour un-paid - so two 15 minutes or one half hour, or any other combination for a nine hour shift.

pola5

" You you not make a 5 hour shift so they can get there 15 min paid break and you get an extra 15 mins work?" i dont follow this

generally someone else from staff covers the 15 mi break mid shift...
so say someone was working 730 am to 1.00 pm ( 5 &1/2 hours) they would get 15mins at 11am ? is this ok ?

Whats the most economical way for me to arrange this ?? considering i dont want to rock the boat - too much but I need to reduce wages big time .
what about their existing contracts . I assume I would need to examine these to make sure that theres a clause for changing hours , breaks etc ??

Did i read somewhere about retail workers / grocery trade entitled to paid breaks

further query of office staff hours highlighted that they work 9 - 5 and work through their 'hour' lunch break - while also getting a break at 11.00 for coffee and a cig anad Im sure at 4. ( I am not always on site)
or they work 9 -6 and dont take a lunch break !!!!!
I think I have a problem !!

your replies are very much appreciated
P

DubTony

msg11 wrote: »

I work in Tesco and if I was working..

9-6.. I would get 15 mins in the morning paid. Then a 1 hour break unpaid.

If I was to work a 1-6 I would get a 15 min break paid. You you not make a 5 hour shift so they can get there 15 min paid break and you get an extra 15 mins work?

Tesco isn't a good example of what's legal as they have "deals" that were done years ago with unions. Like the guy who starts at 6, finishes at 2, takes a 15 minute break, and an hour for lunch and gets paid for 8 hours. So Tesco gives more than legislation requires for many employees.

DubTony

pola5 wrote: »

Can you help me with this small problem
I have recently taken over a business
My question
If someone works 4.5 hours are they entitled to a PAID 15 break or unpaid ??
if unpaid then they would only get paid for 4and 1/4 hours? ... right??
( this is a retail / convenience store)

I also have office staff who work 9 - 6 . ( paid for 8 hrs) They leave at 5.30 cos they work through their lunch break - ( 1.00 - 1.30) so in effect they are getting paid for their half hour lunch .. They also get a 15 min break at 11. ( obviously paid too)

Is this correct >
hoping someone can help me out here
P

There's no requirement to pay anyone for breaks. This is usually a factor in JLC or a local agreement. Custom and Practice could be a factor here. Check that it's not written into terms and conditions of employment. You could have a fight on your hands if you try to remove the privilege. Your staff will be adamant that they're entitled to it. Might not be worth the hassle.

The legislation is as follows. (Organisation of Working Time Act 1997)
12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.

(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).

(3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).

(4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2).

Your staff are, by working through lunch, effectively taking their break at the end of the day. This is illegal. Just because they like the idea doesn't make it ok. If you allow this practice, you are breaking the law, and it could come back to bite you in the future.

In your situation there's an anomaly. Starting at 9 and working to 6 is a 9 hour period. They have no reason to work through lunch to get off "early" if you're only paying them for 8 hours.

My suggestions
Start at 8:30. Work till 5:30. Take a 15 minute break and a 45 minute lunch break. That leaves 8 hours. Everyone should be happy.

edit: Sorry, just read your follow up post regarding 9-5. My suggestion still stands. And grocery retail employees are entitled to a paid 15 min break under the JLC.