Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Break time in 12 hour shift??
Find answers to your legal question.

Break time in 12 hour shift??

my work is starting on a 12 hour shift basis which is fine but im not sure if the breaks are very fair, the manager has stated that we will be able to take 4 15 min breaks throughout the day so in total an hour break unpaid, it will be 8 am - 8 pm, is this right?
i work in scotland
Additional Details
work in a busy nursing/care home


In an 8 hour day most places have an hour lunch with two fifteen minute breaks. Add on 4 more hours and two more 15 minute breaks you are even with your employer. Consider that most people do not work an entire shift anyway without milking it a little, you have it made. Unless you are on an assembly line or a computerized telemarketing job. That would be grueling.

Now that I know you work in a nursing care home, I think you should be given more breaks or not have 12 hour shifts. Burn out would be a serious issue when dealing with the elderly you are caring for. I think your management is nuts. I would not put a relative of mine in a home who had their employees work such a schedule.

To know for sure, I would recommend speaking with the Labour Board of Scotland to see what the regulations are.

They will be able to tell you what those regulations are.


In example...in Canada, for every 6 years of work, you automatically get a 30 minute unpaid lunch. Your employer is not obligated to give you breaks... But a 12 hour shift requires at least 1 30-minute lunch, and 1 or 2 breaks. Thats what I would get where I work.

Here's how we do it. You get a fifteen minute break, paid. A 30 minute meal break, unpaid. Another 15 minute break, paid, then a short meal break for 20 minutes, paid. Minnesota.

Peter C
The law requires that you have a minimum of one 20 min. break in the working day provided you work more than six hours.

Your employer is allowing you three times the legal minimum in total, but they are acting illegally in restricting your breaks to 15 min.

It is, of course up to you if you want to take them to task, but they could be nasty and restrict you to one 20 min. break.

The resource below is a very useful guide to the this area of law, showing holiday and working hours requirements as well.

not sure, but I would say you should at least have a respectable break in which to eat your lunch, this should be 30 mins minimum, my niece is a nurse and she does a 12 hour shift, she has a 30 min break, unpaid, all other breaks are paid, she has I believe two 15 mins breaks.

I think you are being short changed, so to speak, check with your local employment agency.

with a 12 hour working period you have to have one break of atleast 30 minutes.

It doesn't sound right at all. You should be getting an hour break and at least two 15 minute breaks.

Depends on your work...... DOesn't sound fair though

I don't believe that this is legal. The working time regulations state that you are entitled to an uninterrupted period of not less than 20 minutes in a 6 hour period - this has to be in one block where you are fee to move around and leave your desk or office.

You are only getting 15 minutes at a time and therefore they are not complying with the regulations. However, do you want to make a fuss for an extra 5 minutes - they will probably just give you 3x20 minute breaks instead of 4x15 minute ones.

There is also an exclusion for hospital workers - there breaks can be altered to fit in with other staff because of the need to give continued care. You don't specify what type of work within the care home you do - if it is medically related then you would be exempt under this

in the U.S. breaks are paid lunches for the most part unpaid

L a l a N ii kk U
no it isnt :O

Natalia O
im pretty sure thet it is fair in scottland but in the us it wouldnt b fair

Until lately I worked 12 hour shifts, this entailed 1 x 15 min break in the morning 1 hour for lunch and another 15 min break in the afternoon.

I suggest having a word with the CAB.

12 hours a day work. what ever rocks your boat

If you don't clock out then you get paid! But this is my experience i live in CA. so maybe the laws are different??

I worked 12 hour shifts and got an hour too. 1 half hour and 2 15 mins breaks so i think its right. Harsh i know lol

If you are aged 18 or over, and your working day is at least 6 hours, you have the right to an uninterrupted rest break of at least 20 minutes. Have a look at the PDF below.

illegal, the law states that for a 10 hours shift you need to have 1hr and 15mins. Each two hours equates to 15 mins. Inform your work of the law and you'll be fine :)

Enjoy you're work!


you scottish are known to be work-aholics...i bet you won't even take your breaks!

EU working time directive allows for a minimum 20minute break for every 6 hours worked.Whether this is paid or not is up to the individual manger/organisation unfortunately.So in answer to your question .It is unfair but legal

Steven Robert Gill
Well, you should really be getting a 1.5 hour lunch break if your working over a 12 hour period, but what you .should. be getting and what you're actually entitled to under law are (annoyingly) two different things. As some have already said, it's a 20 mins rest break for every six hours worked, slightly higher if you under 18, 30 mins for every 4.5 hours worked. PS And before anyone says anything i know employers can and do go above and beyond that, and it is better than other countries who have less rights than us, but come on, that is still pretty poor in the 21st Century.

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 Can a Notary Public refuse to notarize certain types of documents?
I'm just wondering, as a notary public, would I be able to limit the types of documents that I want to notarize?

For example, if someone comes in and wants me to notarize a deed of ...

 Freedom of speech?
Racism speech is also "speech" and according to the US constitution there should be a freedom of speech. so why do you think racism speech is against the law?
Additional Details<...

 'Right of access' Law, someone is denying me access to my land. Please read...?
Hello, the land I'm referring to has been held by the family for over 80 years. The property consists of two fields, the upper field where the house is and the lower field. At the upper field, ...

 Can you list any of the Human rights we are supposed to have?
One is the right to Education.
Additional Details
Chris look up Uk ECHR its a strange one....

 I am getting married within the next few months the man I am going to marry is curently incarcerated he has?
two children from two prev wife's. His oldest daughter is 14 she lives in GA and I live in TN her mother called and said that she no longer wanted the 14yro and told me that I could take her if I...

 Smoking ban?
do you think this government is taking away our human rights with this?why not have a seperate room for smokers as in the other european countries.since time immemorial we have smoked in bars with a ...

 I have been heavily harassed and surveilled 24/7, what country should I go to,to escape this?

 JonBenet Ramsey Would America be better off if ........?
Would America be better off finding out if this guy is her killer before bringing him back here?

If he is not we could leave him there. Sorry to sound cruel, but Thailand is renowned the ...

 When will the automakers/government stop ripping us off?
I know it is easy to build a economical, high milage car,(50mph+) for well under ten thousand, we the buyer are paying millions in $$$ for retirement and job protection, because of the unions..B...

 Do you agree with President Bush saying WATERBOARDING is a legal way to get information from suspicious and?
eventually innocent people? Do you think there's a single reason for using this barbarian method of torture? Isn't he equal to the so-called terrorists, when he deffends this repulsive ...

 My dad just got a parking ticket outside my flat he was on the pavement yes but they got his reg wrong?
so does he have to pay it?...

 I got arrested last night for DUI.?
Last night I went to a friend's 18th and was planning on staying designated so i could drive home afterwards. I had one beer when I arrived at 8:30pm and about 5 glasses of pineapple punch (...

 A question for American Citizens interested in the Abortion Debate?
Is it ethical to limit abortions to once a lifetime?...

 I wouldn't burn a flag. Want to argue with my claim that it's my right to?
If I buy a flag, it's my property, and I can do what I want with it. Even burn it in protest. If I legally cannot, then my rights have been infringed-- the government has appropriated by ...

 Why does USA do not have public transportation? Why are they polluting the environment?

Additional Details
Edit: why does USA not have good public transport system. One has money to ride a car doesnt mean that he can ride as much as he wants. After all, the consequences of ...

 Reasons for not lowering the drinking age to 18?
I was interested in this debate: Should the legal drinking age be lowered to 18

I only want reasons for not lowering the legal ...

 Do I have any rights as a father?
I am 25 years old, I My ex girlfriend haas given birth to my son, but she refuses to put my name on the birth certificate. We split up half way through her pregnancy and i've only seen him twice ...

 I donated £1,000,000 to the Labour Party.And now they say they have no record of it. What should I do?
I talked to a very nice bunch of Scotsmen who laughed at all my jokes and dropped heavy hints about supplying me with 72 virgins. and an autographed pair of Ursula Plassnik's knickers.

 If you go outside nude and stay in your own yard can you be arrested?
A woman I know said she went to her mail box at the end of her driveway nude and nobody cared. She told me that you can go nude on your own property. Was she wright or just lucky nobody ...

 If fifty white police officers and one black officer, all apply for promotion,?
is it racist if the black officer isn't promoted?
If "quoters" are introduced, won't that exclude white officers from applying for promotion and therefore be racist?

Copyright (c) 2009-2013 Wiki Law 3k Thursday, February 11, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links