Border Force Meal Breaks

Border Force Meal Breaks

Members will have already seen, or will shortly see, Border Force’s new policy requiring that staff in all areas take an in-shift meal break of at least 30 mins, whether or not meal breaks are paid.

The ISU have been engaged with the consultation on this and we have been able to secure improvements for members, but there is no doubt that this is not a universally welcome move.

There are safeguards around this and members must, please, support one another to insist these safeguards are met.  There is a full (or as full as possible!) FAQ here.

Please bear the following in mind:

  • Staff are entitled under Health & Safety legislation to sufficient space to rest and eat.  There must be enough tables etc for as many people as need to use them.  There must be the provision to make or to obtain hot food and a hot drink.  It should go without saying but… it must be clean!  If there is not suitable space you cannot be compelled to take a break.
  • If the nearest rest space is a distance from you the time to travel to and from the rest area is work time.   This applies only to the nearest rest space, not to a personal choice to take the break in a different place.  There must be sufficient space in that rest place.  If the rest place is full you must be able to travel on to the next available, also in work time.
  • You break must be uninterrupted. At least 30 minutes of it.  If you are interrupted you can re-start the entire 30 mins.  An interruption is things like a manager coming to talk to you about work or asking you to come back to work.  Colleagues coming to you not realising you are on your break or general radio / tannoy chatter is not likely to count.  You should remove your radio during your break.
  • You are entitled to leave the office if you want to.  There might be limited places for you to go, especially if you are remote and / or the break is only 30 mins.  But you are free to do so if you wish.
  • Breaks do not have to be scheduled – but must not fall within the first or last hours of the shift.  Managers must not send you for your break and require you to return to work with only a short time having elapsed or to go in your shift.
  • If you have domestic or caring arrangements impacted by this change you should be able to get a transition window of up to three months with the agreement of your line manager.

Pay for Meal Breaks

There is no legal requirement to pay for a meal break.  Part time staff and some (but not all) recently recruited full time staff are paid on a net hours basis.  Staff on net hours should be paid an enhanced hourly rate so the amount paid to net and gross hours employees should work out the same over an 8.5 hours day.  A net hours employee is in fact paid slightly more where the shifts are 10 hours or more.  The Border Force rostering toolkit and the AHW policy have previously allowed part time staff – although not the net paid full time staff – to take a Terminal Meal Break on the basis that the break was not paid.  This was a policy rather than a term of contract and, in all probability, contrary to the working time regulations.

What to Do Now

It is important the safeguards the ISU were able to obtain are made available to members.  If you have concerns about how this is being arranged, the space and facilities available or anything else please contact your local rep, ISU HQ or Lucy Moreton.  An FAQ document is available here and will be updated from time to time as more questions come in.