Wayne:
Read the the rules over and over, I still see it as stating if your “work” is between 6-9 hrs you need to have 30 minutes break. If you exceed 9 hrs you need to have a further 15 minute break. Again, not saying I’m right but that’s what I see.
Lets try looking at it from a different angle
Here are the regulations: legislation.gov.uk/uksi/2005 … ion/7/made
Breaks
7.—
(1) No mobile worker shall work for more than six hours without a break.
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each…
(5) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.
We’re only interest in the first 3 rules of the regulation on breaks.
Rule 1 is the 6 hour rule which we all agree on.
Rule 2 we’ll come to in a moment.
Rule 3 says that a driver must have 45 minutes break if his working time exceeds 9 hour (I think we all agree on that one to).
Rule 2 says that “Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes…”.
(So the criteria for this rule is that the working time must exceed 6 hours but must not exceed 9 hours, if that criteria cannot be met then the rule cannot be applied.)
In the OPs case the working time is 14 1/4 hours.
But rule 2 states that you must have 30 minutes break if the working time “does not exceed nine hours”, this clearly cannot be applied in the OPs case because his working time does exceed nine hours, therefore we have to move onto rule 3 which only specifies a 45 minute break but does not say when the break/breaks must be taken therefore they can be taken at anytime.