New job, no break but docked pay??

kerrypn

Please can someone advise me? I have started a new job, and I love it.
One problem though, I have worked 9 hour and 14 hour shifts with no break, you just don't get one-no one does-and to make matters worse, I am docked an hours pay??? Is this right?

I love this job, it is in healthcare so there is a level of obligation to work through and I dont want to make a fuss but I am completely exhausted after these shifts constantly on my feet and on the go and wondered if this is right?

Thanks in advance

Googlewhacker

I am guessing that this hour you are being docked is actually your unpaid break. Have you spoke to your superior about what the correct procedure is?

kerrypn

Yes, on my second shift(9 hours) I asked when we are allowed a break and I was told we don't get one because it is so busy. The 9 hour ones I can half cope with, but Im a bit gutted about being docked an hour, but the 14 hours shift I really do need some kind of sit down break, I was nearly crying by the end of the shift because it is a very physically and emotionally demanding job. No one else gets a break either.

Googlewhacker

kerrypn wrote: »

Yes, on my second shift(9 hours) I asked when we are allowed a break and I was told we don't get one because it is so busy. The 9 hour ones I can half cope with, but Im a bit gutted about being docked an hour, but the 14 hours shift I really do need some kind of sit down break, I was nearly crying by the end of the shift because it is a very physically and emotionally demanding job. No one else gets a break either.

The problem you have is that the workplace has got into this culture and breaking it would be very hard to do.

Have you spoke to your colleagues about getting their breaks etc?

People won't like me for saying this and I really did try not to bring it up but it is so valid, you have a statutory right to this break but if you insist on it then you maybe let go and there would be little you could do (unless you could prove it was discriminatory in terms of race, religion etc or you could prove that you were enforcing your statutory right which got you sacked).

Start looking for another job IMO, it is easier than trying to change an engrained work ethic.

kerrypn

Thank you Googlewhacker, it is such a shame because otherwise the job is perfect

Sagz_2

Is it likely that things will calm down when the Christmas / New Year madness is over? or will you always be so mad busy?

kerrypn

I dont think so because it is a nursing home with a set number of residents, so the work is fairly even throughout the year, I am gutted because I do love the job

zzzLazyDaisy

Googlewhacker wrote: »

you have a statutory right to this break but if you insist on it then you maybe let go and there would be little you could do (unless you could prove it was discriminatory in terms of race, religion etc or you could prove that you were enforcing your statutory right which got you sacked).

Start looking for another job IMO, it is easier than trying to change an engrained work ethic.

I'm with Googlewhacker on this one.

In an ideal world you would insist on taking your break - in fact scrub that - your employer would insist on you taking your breaks. But unfortunately if you rock the boat, you could find yourself out of a job. It is true that if your employer dismisses you for insisting on your right to take your break, that would amount to a dismissal for seeking to enforce a statutory right, which is automatically unfair and the 12 month qualification period does not apply.... however *knowing* something and proving it are often two very different things.

getmore4less

Keep records and slap a claim in once you find another job or before if you want.

Illegal deduction of wages if hourly paid and/or a possible, NWM claim if pay is low.

hattifattener

I've worked in similar settings. It seems the problem is one that's quite common, that the employer is cutting corners by not employing enough staff to cover the work. If you're working so hard you can't even sit down for at least half an hour during the whole day (and you're not paid for it) that's because there's too much work for you to do.

I've been the one who works through lunchbreaks, stays on for unpaid overtime and stressed myself out - but now I think if I'm working hard, and working to my capacity for the entire time that I'M PAID, I'm doing my job well, and it's up to my manager to deal with the fact that someone's needed to cover while I sit down and have a sandwich.

There's a lot of guilt in this type of work because many people there are the kind who feel 'selfish' if they take time out. You're not; if you're tired and emotional, you're not giving good care, things get missed, mistakes get made, and there's a whole load of work again to fix it all.

I have worked happily in jobs where you don't get a break, but these were paid straight through, and were the kind of jobs where you could take a natural break e.g. sitting down to breakfast or dinner with the clients. You need to clarify with your manager what the actual rule is, and point out that it's not fair to work without the pay. You're not a volunteer.

Good luck.

ceridwen

By law you are entitled to a break if you work for more than 6 hours at a stretch. The law doesnt extend to paying workers for these breaks unfortunately - so some employers pay for the breaks, some don't. If there is a period of time that they are not paying you for (ie that hour you mention) - then that is your break time and they are taking their "share" of this (ie not paying you for the time) so you must take your "share" of this (ie actually taking the break).

It is your choice whether to stand up to them and insist on your legal rights - knowing, as we all do, that it is legally easy for an employer to sack someone with less than a year service.

All any of us can do is say what WE PERSONALLY would do. I personally would take my breaks - no matter what pressure they put on me. If they decided to unfairly dismiss me for it - oh well...I've got my "f*** you" money in savings to cover me whilst applying for another job.

Realistically - how difficult do they find it to get staff for this job? YOU love this job - but how many others would? Personally - I wouldnt do it for all the tea in China and there are many others who wouldnt - so I admire you for doing it. If they struggle to find people to fill the posts - then you may have more "power to your elbow" than you fear.

Your call on this....

If you want to look up your legal rights then try this:

http://www.tuc.org.uk/tuc/rights_main.cfm