New job and lunch break

anamenottaken

Being dismissed for trying to enforce one's statutory rights (in this case to a 20-minute break) is unfair and does not require one year's employment to allow a claim for unfair dismissal.

However, in the OP's position, as the break is paid, I would answer the phone but not do other work during the "lunch break". And I'd continue to look for other work.

OP wrote "I do seriously have a lot to do during my lunch time, banking, phone calls to organise hubbys business, entering DD into competitions etc". Banking (other than visiting a branch) can be done outside normal office hours. If it does require branch visits, hubby could do that? Could he also make telephone calls for his business? Can DD enter competitions on her own?

BonandDom

anamenottaken wrote: »

Being dismissed for trying to enforce one's statutory rights (in this case to a 20-minute break) is unfair and does not require one year's employment to allow a claim for unfair dismissal.

However, in the OP's position, as the break is paid, I would answer the phone but not do other work during the "lunch break". And I'd continue to look for other work.

OP wrote "I do seriously have a lot to do during my lunch time, banking, phone calls to organise hubbys business, entering DD into competitions etc". Banking (other than visiting a branch) can be done outside normal office hours. If it does require branch visits, hubby could do that? Could he also make telephone calls for his business? Can DD enter competitions on her own?

Banking is usually paying cheques in for hubbys business, he can't make the calls himself (apart from being bloomin' useless at it he's usually mobile and doesn't have the time). DD could enter comps herself but these usually require a debit card payment and tbh this is not a job that takes alot of my time up

proactive

sorry op if i came across as harsh saying what is the point of asking. i know that in an ideal world it's easy to take a stand and to hell with the consequences but this is far from being an ideal world and obviously you have bills to pay, so i do understand your not wanting to rock the boat.

all the best anyway, apologies again if i was a little harsh

t0rt0ise

LadyMissA wrote: »

and then they will get the sack, no?

Much harder to sack someone who's been there more than a year as they have better employment rights.

BonandDom

proactive wrote: »

sorry op if i came across as harsh saying what is the point of asking. i know that in an ideal world it's easy to take a stand and to hell with the consequences but this is far from being an ideal world and obviously you have bills to pay, so i do understand your not wanting to rock the boat.

all the best anyway, apologies again if i was a little harsh

No apologies required, I understood what you meant. Thank you

c-m

This sort of thing really pees me off abuot companies. They steal the best part of your day. Then leave you with about 5 hours a day to live your life when everything else is closed. Something is serious wrong there.

Just stand up to them. I've never had any problems from stand up and confronting employers in the past.

getmore4less

t0rt0ise wrote: »

Can't you see that a new employee can't change anything. When she complains she'll simply get the sack and still nothing will change. Maybe those workers who have been there more than a year are the ones who should be doing something.

There is a way for someone with less than 12 months to do something but they have to be very smart, get a lot of evidence that there is a systematic refusal to allow a statutory break and that trying to exercise that right is the reason for any dismisal.

Very few employers will fall for it, so we can asume this is not in any written comunication or pariculars of employment.

Also you have to not be in a class of employee that has exemption from the breaks(during work hours ) laws.

Pupnik

I think if I were the OP I would make a habit of answering the phone with a mouth full of sandwich and slurp soup all over the place as much as possible.

patman99

In my job, I get calls put-out over the tannoy for me during my breaks. I used to go and deal with them, not any more though. My policy is to ignore them and deal with them after my break has ended.

Also, if you are using a computer all day, then there are regs that clearly state that you must spend 15 minutes away from the computer for every 2 hours worked. End-of. This is to prevent eye-strain and work-induced muscular stress disorder (formerly RSI).

If you need a break during the morning or afternoon, go to the loo. You can't be sacked for having a dump.

Bobl

Pupnik wrote: »

I think if I were the OP I would make a habit of answering the phone with a mouth full of sandwich and slurp soup all over the place as much as possible.

And get sacked for inefficiency - very clever!

You have statutory right to a 20 minute break if you work for more than six hours - that's all. Discuss it with the other employees and then speak to management to see if they will allow it. The problem with that particular employment 'law' is it says 'should be away from the workplace' not 'must' - I have real problems with woolly employment laws that can be interpreted.