hoping for some advice.

joanne_d_3

Hi.

I was hoping to ask for some advice?

My daughter , as many will know has just started a part time job . She is 16 years old , 17 next month (as i believe her age makes a difference?)

Any way , in this job , for example today she is on the rota for a 5pm-12pm shift . She has just telephoned me and told me that when she walked into the shop today at 4.55 ready to start her shift , the manager told her to "go on her break".....

This means that before she has even had the chance to begin her shift she is told to take her break !

I couldnt believe this.

She tells me that she had her break 5-5.30 . Worked from 5.30-7.30 at which time she got a 15min break and apparently she will get another 15 mins at 9pm.

Is it acceptable for the manager to make her take her break before her shift has started ? Shouldnt it be taken during the working day ?

Any advice is appreciated .

Googlewhacker

how many breaks does she get in 7 hours????

I can't see anything wrong if she is getting regular breaks which is what it sounds like but I'm sure someone with better knowledge will come along and let you know

tizerbelle

OP - this direct.gov page deals with working hours including breaks and young people

Googlewhacker

it says they must take a 30 minute continuous break which at the moment from what you say she gets 2 x 15 minute breaks within the middle of the shift so technically not correct but if they grouped that to one then they are legal and the extra break they can do what they want with when they want.

joanne_d_3

Thanks to you both for your replies.

She gets one 30 min break which she is being forced to take before her shift has evn begun - she is due to start at 5pm and yet when she turns up at 5pm they send her away again "on a break" until 5.30pm.

She then gets a 15 min break which she has just had and then she has been told that she can have another unofficial break again later on IF they are not too busy.

So , as far as i can tell she is getting the proper amount of breaks (bearing in mind that young people under 18 have different rights to those over 18) , my problem is more that she is getting told to take her break at the very beginning of her working day which then leaves her to work 7 hours with only one 15 min break.

Googlewhacker

joanne_d wrote: »

So , as far as i can tell she is getting the proper amount of breaks (bearing in mind that young people under 18 have different rights to those over 18) , my problem is more that she is getting told to take her break at the very beginning of her working day which then leaves her to work 7 hours with only one 15 min break.

It is wrong and shouldn't be happening like that but the problem is she needs to decide for herself is it worth forcing her right on the employer at the risk of being dismissed?

Is this a common occurance or just happened on the odd occasion and can she go higher than the person telling her to take these breaks?

Techincally she would only be working 6 hours 30 minutes with one 15 minute break but this is still wrong

joanne_d_3

We are in Norther Ireland so the employment code we follow is that of the Labour Relations agency which states that young workers (under 18) should get a break after working 4.5 hours but that the break should be in the middle of the working day .

Also , another question. Although she is only part time (20ish) hours per week at the min , she will get a contract of employment and all the same rights i.e holidays that full time staff get wont she ?

I know i sound like a fussy mum but she has only just left school , first job and its all new to her...im just trying to make sure she is treated fairly .

joanne_d_3

Googlewhacker wrote: »

It is wrong and shouldn't be happening like that but the problem is she needs to decide for herself is it worth forcing her right on the employer at the risk of being dismissed?

Is this a common occurance or just happened on the odd occasion and can she go higher than the person telling her to take these breaks?

Techincally she would only be working 6 hours 30 minutes with one 15 minute break but this is still wrong

Hi.

Given that she has only been working there for a week the last thing i want is her getting dismissed !

She wouldnt stand up and tell her employer that she isnt happy taking her break at the start of the shift , i know that much !

6 hrs 30 is quite a long time to have her working with only a 15 min break.

Im wondering why they dont just ask her to start work at 5.30 if they dont actually need her until that time ?


As to your question as to whether or not this is a common occurance...she has now worked 5 shifts....today as you know her break was as soon as her shift began and on the other 4 days , she was told to take her 30 min break within an hour of arriving for work so yes , it does seem as though this is how things are going to be !

This employer is a massive employer too ....its not just a small unknown company

Savvy_Sue

I'd suggest she joins a union.

Then I'd suggest asking, politely, whether if she isn't actually needed until 5.30 pm it would be possible to start work then, not at 5 pm.

benham3160

I'm sure, (GB law at least) explicity states that breaks can not be taken at the beginning or the end of a working day.

For NI though, I'm not so sure.

Regards,
Andy

joanne_d_3

benham3160 wrote: »

I'm sure, (GB law at least) explicity states that breaks can not be taken at the beginning or the end of a working day.

For NI though, I'm not so sure.

Regards,
Andy

Hi and thanks to you all for the responses.

In NI , our equivilant to ACAS would be the Labour Relations.

In their "handbook" in states that breaks must not be taken at the beginning or end of the work day but should be taken somewhere in the middle .... so what my daughters employer has done is wrong.

I am in a union myself and so am hoping that she will join mine with me.

Being only 16 and new to not only THIS job but ANY job , im not sure she would be brave enough to stand in front of her manager and state that she is unhappy with her breaks.

Its just bothering me because along with this , theres a few other thngs that for such a large and well known employer they dont seem to adhere to......