Breaks At Work

[hanny93]

Hey everyone, just a couple of quick questions.

I am working a 6-finish tonight, which means i wont get home till about 3 tonight.
I am then working 12-9 the next day. Is this legal? It was my understanding that there was a legal requirement to have 11 hours rest period between each shift, these shifts dont give me 11 hours, although could my employer say that i am supposed to finish at 1 (when we close) which would give me 11 hours, but we have to stay until 3 because we have to clean down.

We get paid for any extra hours we stay for a few weeks, but we should clean down in half an hour so in a few weeks we wont get paid past close.
My questions are,
1) For the above shifts, is this enough rest period?
2) How many and how long should my breaks be for each shift?

And totally different, if I want, instead of having one big break, can I have two or three smaller ones, effectively making them smoke breaks?

 

[StandbySetting]

It's 12 hours if I remember rightly, there must be a 12 hour uninterrupted period of rest.

 

[raptorrex]

Hey everyone, just a couple of quick questions.

I am working a 6-finish tonight, which means i wont get home till about 3 tonight.
I am then working 12-9 the next day. Is this legal? It was my understanding that there was a legal requirement to have 11 hours rest period between each shift, these shifts dont give me 11 hours, although could my employer say that i am supposed to finish at 1 (when we close) which would give me 11 hours, but we have to stay until 3 because we have to clean down.

We get paid for any extra hours we stay for a few weeks, but we should clean down in half an hour so in a few weeks we wont get paid past close.
My questions are,
1) For the above shifts, is this enough rest period?
2) How many and how long should my breaks be for each shift?

And totally different, if I want, instead of having one big break, can I have two or three smaller ones, effectively making them smoke breaks?

plenty of rules. but, unless you can fund any claim, yourself. no money to make a claim.

also the UK government no longer seems to apply employment law. in essence (except for health and safety) employers can do as they please.

I'd try a CAB. but they no longer have any funding. so it may well be some time before they can help (if at all).

i think you will have to take what they say. you are no longer, WORTH helping.

 

[micko]

I'm not sure about this but my girlfriend is well up on all of this stuff. I will find the info out for you.

Employers can try and push you about as most employees wouldn't know the law or wouldn't want to rock the boat.
That being said, if they're not working within legal requirements then there is always a case.

 

[hanny93]

Bit harsh raptorrex,


Micko if you could that would be excellent. Only worked there 2 weeks but something doesnt seem right.
6 hour shift with no break (i know that was kinda my fault for not pointing it out though), working till half four in the morning when i was supposed to finish at 12-1, and then these shifts, and im not the type of person to be pushed about without an argument.

 

[micko]

Please bear in mind its about two years since she done her business law degree and things may have changed in that time. If she's on FB now I'll ask her.

 

[hanny93]

Haha any advice is a gem imo, i doubt ill do anything other than mention it to my manager but it would be nice to know at least where the boundaries were and then i can have a starting block on which to research.

Thankyou

 

[micko]

Ok, she said there so much to go through so have a look at this website.
It should have all you need and if you need any other questions answered then she will answer them when she's home.

http/www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

 

[scentless]

I take it you work in a bar/club?

If so, most of the time there is no contract as it is not classed as stable work.

Therefore alot of the rules about breaks/working hours are thrown out. It is the same in all hospitality.

Eg in all other jobs, if you work nights you get paid extra, but not in a bar.

 

[hanny93]

Yes in a reputable chain of bar/restaurant.

I have a contract to 20 hours, and it is still stable work because i have set shifts?

 

[micko]

I understand some jobs do have varied laws so scentless is correct about that but I'm not sure if that applies to bar work.

I know when I worked on a freezer boat we had to have a half hour break ever 90 minutes because of the freezing temps it was.

 

[hanny93]

Wow 30 mins every 90 mins!

I didnt think anything should be differnet for my employer. They still employ people from 6 in the morning to 3-4 in the morning (that inclused cleaners, day shift and evening shift!) and we cant all have different breaks because of the times we work..

 

[raptorrex]

Bit harsh raptorrex,


Micko if you could that would be excellent. Only worked there 2 weeks but something doesnt seem right.
6 hour shift with no break (i know that was kinda my fault for not pointing it out though), working till half four in the morning when i was supposed to finish at 12-1, and then these shifts, and im not the type of person to be pushed about without an argument.

I know what you mean. but, even though the laws are still there. unless you can fund any claim, yourself. there is, now, nothing you can do.

if your employer says "no" when you ask him to follow the law. your only recourse is through an employment tribunal. and NOW, you have to pay for it out of your own pocket.
and how many of us can, actually, afford that?

unless you are on a, reasonably, high income. there is no longer any support if you wish you employer to follow the rules.

"harsh" maybe, but true.

and, of course. the UK gov, has already said. they are going to remove most of our employment protection.
so soon, there will be few laws to protect the worker. even if they can afford to defend themselves.

this is not even a politically inspired view. just ask any employment law specialist. its their view too.