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Unreasonable shift hours

Caroline44
Posts: 17 Forumite
My 18 year old son has been working at a local shop for about 6 weeks, the job was initially presented needing an employee to be responsible for managing everything happening in the shop every Sunday, 9am till 6pm, a 9 hour shift. When first starting he was accompanied during the entire day by one of the owner/managers and was given 5 to 10 minutes during the afternoon to have his sandwich and a drink and was then prompted to carry on his working day. After the third Sunday the managers entrusted him to run the entire shop on his own, opening and setting up the shop, taking deliveries, serving customers, cleaning etc. During this 9 hour shift he wasn't allowed to leave the premises for any reason, even for his lunch break, he was expected to eat his dinner on the go and not given time to rest. During this time he was offered more hours which increased his working hours slightly above 16 and he therefore had to come off Job Seekers Allowance. After a week the hours were then dropped and were not consistent going forward. This last weekend he was asked (told) to work 4pm to 8pm friday, 7:45am to 8pm (12.5hrs!) and his usual sunday, 8:45am to 6pm shift. The saturday shift was accompanied by only 1 break the entire day at 5pm for an apparent 45 minutes. Although a few hours before he was told that he couldnt leave the shop premises and had to be on hand to assist his colleague who had come in to do a 5pm to 8pm shift.
Although the 12 hour shift isn't regular, he is expected to keep doing his 9 hour, no break, shift on a sunday with more 7 hour shifts in the near future including this coming saturday. We know he is legally entitled to at least a 20 minute break away from the premises for his dinner, when this issue was raised with his employer he was asked if 'he really wanted the job'. My question is if he was to hand in his notice due to excessive shift lengths, would he be entitled to claim Job Seekers Allowance again? If not, what rights does he have because his employer seemed to make it clear that if he wouldn't work the hours given to him he would have to quit. Any advice would be greatly appreciated.
Although the 12 hour shift isn't regular, he is expected to keep doing his 9 hour, no break, shift on a sunday with more 7 hour shifts in the near future including this coming saturday. We know he is legally entitled to at least a 20 minute break away from the premises for his dinner, when this issue was raised with his employer he was asked if 'he really wanted the job'. My question is if he was to hand in his notice due to excessive shift lengths, would he be entitled to claim Job Seekers Allowance again? If not, what rights does he have because his employer seemed to make it clear that if he wouldn't work the hours given to him he would have to quit. Any advice would be greatly appreciated.
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So you dedicate four paragraphs to ranting at OP, tell then that the only problem is not getting the minimum rest break, and dont bother top interrupt your rant to point them to the legal situation surrounding it.0
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He is entitled to a 20 min break for every 6hrs worked which he can take away from the work premises, this can include his lunch-break. Also there must be at least 11 hours rest away from work between shifts.Be Alert..........Britain needs lerts.0
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tell him if he doesn't want the job i will have it,
He probably cant leave the premises for insurance purposes i would imagine.0 -
Hammyman
Yes, I do have a job. But guess what, I am given a break in the middle of it and I'm also allowed to take that break away from my place of work. You say his shift is not excessively long as long as he is getting his break - that's my point! he is not getting a break, he is on his feet constantly for 9 or 12 hrs at a time, he is unable to sit down as there are no chairs.
Maybe years ago, you didn't know that there were laws protecting employees and unable to stand up for yourself. Please don't have a go at me for asking for help about what my son should legally expect from his employers.
My son left school with 10 GCSE's and has been looking for work for the last 5 months, he took this job because he hated being on JSA and felt like a scrounger for the couple of weeks he was on it.
paddedjon and hob - Thanks for the advice, he is going to connexions and the job centre today to get some advice.0 -
If he is not allowed to take a break outside of the workplace, I assume that they pay him for his breaks too?
He is entitled to the 20 mins uninterupted break as he works more than 6 hours. It sounds to me like the owner knows your son is not likely to complain because of the current job market. Going to CAB should help him, even if it just registers that he has raised the problem.
It is a shame that people like Hammyman seem to think that everyone is out to stuff their employer. Your son is doing his best and actually being given a very poor insight into the world of work. Good on him for wanting to work and not take tax payers money. I am sure that Hammyman would have even more to say about that...0 -
My point was the OP whinging about 12 hours being an unreasonably long shift when the lad only works a couple of days a week in the first place. Even if the 20 minute break was there, she would be whinging about it being unreasonably long.0
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I think the break is the main issue here and why would it give a poor insight to the world of work, there are plenty of employers that are ignorant of the law regarding breaks. just think it stands the OP's with good experience of not being made a mug of at work.0
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Yes your right the breaks are a legal right...although im not sure about the away from premises bit....But long shifts....do me a favour!
He should be taking all the hours they can throw at him rather than be worried about being able to [STRIKE]re-sponge[/STRIKE] re claim job seakers if he leaves.
'MOVE AWAY FROM MY TAXES!!!!'One day some company will do what they say they will do and charge a fair charge.:T
Not doing the opposite of that which they promise and charge you a fortune for the privileged.
Or maybe not:mad:0 -
jazzyman01 wrote: »If he is not allowed to take a break outside of the workplace, I assume that they pay him for his breaks too?
He is entitled to the 20 mins uninterupted break as he works more than 6 hours. It sounds to me like the owner knows your son is not likely to complain because of the current job market. Going to CAB should help him, even if it just registers that he has raised the problem.
It is a shame that people like Hammyman seem to think that everyone is out to stuff their employer. Your son is doing his best and actually being given a very poor insight into the world of work. Good on him for wanting to work and not take tax payers money. I am sure that Hammyman would have even more to say about that...
I might be wrong but thats just MY experience of the human race lately.:mad:One day some company will do what they say they will do and charge a fair charge.:T
Not doing the opposite of that which they promise and charge you a fortune for the privileged.
Or maybe not:mad:0
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