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A query about my daughters workplace...can anyone

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ProfilePosted byOptionsPost Date

Lee in Yorkshire

Lee in Yorkshire Report 22 Dec 2007 18:04

Hi there

My daughter who is 18 and in college has taken up a part time job

to help pay for books etc.

She works 9.00am till 5.15pm Saturday and 10.00am till 4.00pm Sunday, sometimes on a Thursday also as its her day off from college

She just came in from work totaly shattered, as shes also filling in over the xmas period, and said she only gets a 10 minute break all day.......Im sure this isnt allowed, does anyone know what the minimum break should be?

Thanks Lee x

Cumbrian Caz~**~

Cumbrian Caz~**~ Report 22 Dec 2007 18:07

Hi Lee,

This must be wrong. My hubbie says its a minimum as half an hour every four hours. Where I work, as an LSA in an FE college I have to have a break after 4 hours,


Good luck,

Caz x

MaggyfromWestYorkshire

MaggyfromWestYorkshire Report 22 Dec 2007 18:07

Don't quote me on this Lee, but I think it's something like a 20 minute break every 4 hours of working.

₪ TeresaW elite empress of deleted threads&#

₪ TeresaW elite empress of deleted threads&# Report 22 Dec 2007 18:07

She should be getting more breaks than that. I think as the law stands, it is no more than 5 hours without at least 10 mins. However, she is working a full day on Saturday and should have been allowed a lunch break, if only 30 mins. Her Sunday hours will only warrant a 10 min break.

I would have a little google to make sure of things, then she can perhaps take it up with her employer.

Esta

Esta Report 22 Dec 2007 18:08

Forgetting she's at college etc - if she works 8 hours a day I believe she is entitled to a 15 min break every 4 hours.

Sue

Kate

Kate Report 22 Dec 2007 18:08

If I remember correctly . . .

If I worked four hours, I got 15 minutes, if it was 6 hours half an hour, 8 hours was an hour plus 15 minutes, 9 hours was an hour plus two 15 minute breaks and 10 hours was an hour for dinner with half an hour for tea.

That was in a supermarket, but I was always under the impression that you were entitled to a break if you worked four hours or more.

Lee in Yorkshire

Lee in Yorkshire Report 22 Dec 2007 18:11



Thanks for the replies.

My hubby and I just sat here telling her the same, we thought it was about every 4 hours.

Problem is she doesnt want to risk her job and say anything as shes just on a temprorary thing at the minute.

Not really sure what to do, she really is worn down, and as we explained her college is more important than her part time job.

Lee :)

Germaine

Germaine Report 22 Dec 2007 18:12

not sure what the law is.Know how she feels I worked at a hotel we had to eat our meals behind the reception desk. Needless to say didn't stay there long.
Have a look at this site. May help
Germaine
x
http://www.adviceguide.org.uk/index/life/employment/basic_rights_at_work.htm

~***~ little pink kitten ~***~

~***~ little pink kitten ~***~ Report 22 Dec 2007 18:33

Hope this helps






Rest breaks
12. - (1) Where an adult worker's daily working time is more than six hours, he is entitled to a rest break.

(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

(4) Where a young worker's daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.

(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.


http://www.opsi.gov.uk/si/si1998/19981833.htm#26

ann

ann Report 22 Dec 2007 18:39

When i have worked 4 hours i have 15 minute break.When i work 6 hours i get a 30 minute break. Annie

Taff

Taff Report 22 Dec 2007 18:47

Lee, her employers are taking the micky out of her,
and using the excuse that shes part time as an excuse!

Sue

Sue Report 22 Dec 2007 19:05

Part time workers have the same rights as full time.

I would offer a 15 min break mid morning and afternoon and 30 mins to EAT LUNCH.

Anything less than that I would class as unfair.

Sue xx

Lee in Yorkshire

Lee in Yorkshire Report 22 Dec 2007 19:51

Hello everyone

Thanks for all your replies, they have been very helpful.

Ive shown my daughter this thread, and she said tommorow when she goes in shes going to mention it to the manager, although she thinks it may lose her her job.

Does anyone know where she would stand if she made a complaint, can she just be sacked for making a stand?

Thanks again

Lee :))

₪ TeresaW elite empress of deleted threads&#

₪ TeresaW elite empress of deleted threads&# Report 22 Dec 2007 19:54

No she can't, they have to take her down the disciplinary route by law these days, unless its for the obvious offences such as drinking, drug taking fighting or theft and gross misconduct.


Just advice her not to go in with guns blazing, and put the manager on the defensive right away. Better to ask to have a private word, then just ask if there is any chance of more breaks or a longer break in the middle, and see what is said. They can't sack anyone for asking a question, but she might be in trouble if she starts demanding at this stage.

Chances are, they might extend her hours by say 15 or 30 minutes to cover for an unpaid break for that time in the middle.

~Summer Scribe~

~Summer Scribe~ Report 22 Dec 2007 19:57

It's difficult with her being temp. I would suggest the CAB for advice on employment law, they usually have a lawyer attached who is up on these things. But with it being the christmas period they're not open until January now.

You are right, her job is not worth her health and studies suffering. Does she work for a small firm or is it a national company?

Lee in Yorkshire

Lee in Yorkshire Report 22 Dec 2007 20:00

Hi Teresa
Thanks for the swift reply.

Shes a very quiet girl anyway and doesnt like confrontation so I dont think that she would make a huge fuss.

She did say that all the other staff get more breaks inbetween as they smoke, so are allowed out the back for a quick cig break, my daughter is a non smoker so only gets the 10 minutes to eat lunch etc.

Will let you all know how it goes tommorow evening.

Lee :)

Lee in Yorkshire

Lee in Yorkshire Report 22 Dec 2007 20:02

Hi Summer

Sorry didnt see your reply there.

Its a well known greetings card shop.

Thanks for the advise, I think I maybe get intouch with the CAB after Christmas on her behalf.

Lee x

Julie

Julie Report 22 Dec 2007 20:06

Hi Lee

Its been a long time since i've worked but

For Saturday it would of been 1 x 15 min break in the morning..1 hour break for lunch ..1x 15 min break in the afternoon

For Sunday it would of been..1 x ½ for the whole day

Julie

Merry Christmas

Lee in Yorkshire

Lee in Yorkshire Report 22 Dec 2007 20:09

Hi julie

Thanks, I think they are just taking liberties, and I hate to see her so tired, especially as she has her studies also. Hopefully now she may do something.

Merry Christmas to you and yours too.

Lee x

Julie

Julie Report 22 Dec 2007 20:09

Hi Lee

All employers have a duty of care.. Where i work all under 18's get a 30 min break as long as they work over 4 hours, if they do an 8 hour day they also get 45 mins on top of this.. Im not back at work till the 27th, but on my work pc i have a written copy of the law for young workers and the hours they are allowed to do. If they are in full time education there is also laws as to the hours they do and on what days. The company can be in a huge amount of trouble if they dont abide by these. Should you like of copy of this, happy to email to you when im back at work

Julie