(10 Apr 2014, 8:24 pm)aureolin wrote But for those with unpaid breaks, this would be written into their particulars of employment. It's legally got to include working hours, so the unpaid break would need to be noted or it would be argued that it is a paid break. That being the case, if a driver is entitled to a 60 minute break as per the particulars of their employment, then they're well within their rights to take it. Regardless of whether 5 minutes late or 25 minutes late. Anything else would be deemed a gesture of good will.
Not all of your break is unpaid. So if you have a 45 minute meal break, and you are a 30 min meal break deduction, 15 mins of this is paid, so you can operate providing you have had the legal requirement off, which normally is the unpaid element.