Other Employment law/breaks

Discussion in 'General' started by TaRkA DaHl, 21 Nov 2011.

  1. TaRkA DaHl

    TaRkA DaHl Modder

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    General question for anyone a bit more savvy with this.

    Currently I am down on the roat to work from 6am-3pm with an hour off for lunch between 1pm and 2pm.

    I am having a bit of a stand off with my boss as the hour off is pointless in my opinion, nothing happens in my business between 2pm and 3pm that requires me to be there, and I am perfectly happy to work from 6am till 2pm without a break, have done it for the past 4 months now.

    She has started pushing that the hours break is a requirement.

    Directgov advises the following on breaks (as part of Working Time Regulations):

    Rest breaks - a break during your working day

    As an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch.

    A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.

    The requirements are:

    • the break must be in one block
    • it cannot be taken off one end of the working day - it must be somewhere in the middle
    • you are allowed to spend it away from the place on your employer's premises where you work
    • your employer can say when the break must be taken, as long as it meets these conditions


    Would you agree that this break that I am being scheduled for is not in the middle of my shift, and is actually at the end of the day? Therefore not allowed.

    Or am I being an arse.

    If the former, I will tell her that I will be taking my hours break in the middle of my shift from now on, at 10 o clock, which also happens to be our busiest time and would damn near cripple the business. Hopefully putting the ball back in my court to then continue my 6-2 shifts.
     
  2. fdbh96

    fdbh96 What's a Dremel?

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    It says there that she can tell you where to have it... Although i can see why it would be better your way.
     
  3. Canon

    Canon Reformed

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    hmm, it's a pickle. I hate it because repeatedly I come in to work and do 1 hour then sent on my break, leaving me to do the rest of the day. For example yesterday, 1pm start, 2pm break, 2.30pm - 12.30am back on. Law my ass lol
     
  4. TaRkA DaHl

    TaRkA DaHl Modder

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    :/

    Even my previous manager agrees with me that this is stupid.

    The problem is, my new manager is a new manager, this is her first time trying to be in charge of people so is trying to prove herself and such like.

    Clearly forgetting that I have been in managerial positions for 6 years before this job and know a hell of a lot more than her about people management.

    She is yet to learn how important staff moral is and how big a part stupid decisions like this make in that moral.
     
  5. Throbbi

    Throbbi What's a Dremel?

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    Yep i agree that that is stupid, I'd be insisting on it being at around 11am personally. Do you not also get the paid 30 minutes of break you're entitled to? (as one 30min or two 15min). You're not working 6-3 with ONLY that one hour break surely.
     
  6. TaRkA DaHl

    TaRkA DaHl Modder

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    Yep....

    I'm actually currently working the whole lot without any break, my choice though.
     
  7. LeMaltor

    LeMaltor >^_^

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    I think your ****ing stupid.
     
  8. fathazza

    fathazza Freed on Probation

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    It depends on the terms of your contract of employment.

    Do you have a written contract?
     
  9. Picarro

    Picarro What's a Dremel?

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    Oh my that's a constructive post. Now, how about, when you swear at people you could at least have the decency to use correct grammar. It is "you're" not "your". It is not the OP's "stupid", you mean to say that he IS stupid which makes "you are/you're" the correct expression.
     
  10. mucgoo

    mucgoo Minimodder

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    Perhaps send a politely worded email/note explaining your point of view as you have here.
    She should see reason and the fact its not a direct verbal confrontation means she can back down without losing face and hopefully you'll come into work in a few days time with you shift change to a 6-2. Don't explicitly state that's what you want but instead imply.
     
  11. TaRkA DaHl

    TaRkA DaHl Modder

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    Good for you.

    The contract is very basic regarding this matter, it merely states that I am to work 39 hours per week, and breaks etc are details in the employee handbook, which I was not provided. May need to dig out a copy the next day I am in.

    Email/letter wouldn't really work in this environment, plus her paperwork pile is just ridiculous and she loves ignoring things. Direct confrontation is the best route with her type in most cases.

    Next day we are in together I think I will just query her directly as to why my shifts have changed, and how she suddenly requires me to take this hours break when there has never been an issue previously. Also asking what positive/negative impact there would be to the business with these changes.

    I really do hate these middle managers that love to make changes for changes sake, just so they eventually make a good call one time and get an opportunity to brag to a higher up.
     
  12. LeMaltor

    LeMaltor >^_^

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    I think your ****ing stupid to.
     
    brave758 likes this.
  13. Canon

    Canon Reformed

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    Somebody get out the wrong side of bed this morning?
     
  14. Teelzebub

    Teelzebub Up yours GOD,Whats best served cold

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    I think thats ****ing stupid too :p:hehe:
     
    Last edited: 21 Nov 2011
  15. Carrie

    Carrie Multimodder

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    More to the point, was it the same bed as Boiled Elephant? ;)

     
  16. 3lusive

    3lusive Minimodder

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    Stop trolling, and its 'too' not 'to'
     
  17. Teelzebub

    Teelzebub Up yours GOD,Whats best served cold

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    At least he cant get pregnant or is that being sexist :hehe:
     
  18. TaRkA DaHl

    TaRkA DaHl Modder

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    [​IMG]

    That is all.
     
  19. Throbbi

    Throbbi What's a Dremel?

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    At our place a 39 hour week consists of four 9 hour shifts which include 60 minutes unpaid and 30 minutes paid and a single 'short' day of 8 hours with 60 minutes unpaid and 15 minutes paid. Those are the legal entilements as far as I'm aware. You're being screwed somewhere dude.

    I'm unsure but does an employment contract supersede the legal entitlement?
     
  20. TaRkA DaHl

    TaRkA DaHl Modder

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    Legal entitlement is just 20 minutes if working for over 6 hours.

    Breaks really are at the employers choice, paid, unpaid, amount etc.

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

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