lunch breaks and the law?

[jrose]

Hi everyone,

 

Well today I employed a subby for the first time, I've been self employed since July and this was the first job I got which was big enough for me to get another chap in. I'm not a tree surgeon, more coppicing, hedge laying, strimming etc... he is also fairly recently self employed.

 

As I did my usual wolf down sandwiches, gulp down half a thermos of tea and back to work within 15 minutes , it occured to me there might be some legislation about lenghts of breaks. I know theres some law about full time employees, but as a subby is he entitled to a certain amount of breaks a day that I should observe? I can't find any reference to this on t'internet.

 

cheers,

Joe

[Martyn Amos]

when i sub we have 15mins in the morning,30mins for dins,15mins in the afternoon:thumbup1:

all depends whos in charge:lol:

[Martyn Amos]

when i sub we have 15mins in the morning,30mins for dins,15mins in the afternoon:thumbup1:

all depends whos in charge:lol:

 

ps,unpaid:001_tt2:

[the crafty weasel]

You're going to let him eat? It'll make him fat and slow him down

[RobRainford]

i was under the impression that for 5 hours or more worked its n hours break?

 

although i manage with up to half an hour depending if its a big job or none if its small. Ive worked 6 hours without a stop on many occaision.

[harvey b davison]

I think the working time directive states minimum 1/2 hr break within 6 hrs working. would have to look it up to be certain tho.

[Rupe]

Your saying he's a subbie, so you are not employing him?

 

Its upto him how long a break he has. If (as a true sub contractor) he's on a fixed price for a specific job then he can take as long as he likes.

 

If in fact you are employing him for a day, at day rate, then even though he is self employed he is entitled to breaks. But the law would be vague as he's not a full time employee. I would say that it is up to you both to decide what works for you both of you. If you can agree on it then you have a good working relationship. He could (as a self eployed person or "subbie") have as long as he wants for breaks, if you dont like that then you get someone else in, if you make him have less and he doesn't like that then he'll go elsewhere for work.

 

You are not contractually obliged to do anything for each other at all so their is little in the way of "laws" that will help you.

 

But the industry standard for this kind of work in employment would be 1 hour break in every 8 worked. Unpaid of course. Thats why many do 8-5 with an hours breaks, not 9-5 with an hour like shop and office workers who get paid for their breaks.

[Rupe]

The quicker reply would have been...........

 

I think you need to decide if he's a subby or not. If you employing him on day rate then stop thinking of him as a subbie cos he isn't, and then tell him what breaks there are, and come to a suitable agreement.

 

Or give him goal for the day, i.e. get these 4 trees done and thats us finished, then he can decide how long to take for breaks etc.

[janey]

A little lite bedtime reading if you're bored of the Mills and Boon:

 

Rest breaks : Directgov - Employment

 

(not that anyone actually adheres to it!)

[Rupe]

Good reading, but it deals with employment, and employment contracts, so not directly related to hiring in self employed folk but a good start I guess.