What breaks is she entitled to?

MrsManda

Nicky321 wrote: »

I thought it was 20 mins break for a 6 hour period, and was thinking 5 hrs = 15/20 mins break and 5 hrs pay.

When or how does she get a proper tax code?

If you look at the links posted by Meepster you'll see that as she's under 18 she is legally entitled to a 30 minute break if she works for more than 4.5 hours and the break has to be taken during the shift, not at the beginning or end.

The 20 minute break every 6 hours is for adult workers.

She should recieve a P46 from her employer to fill in. This is sent to the HMRC who will issue a tax code.

ohreally

MrsManda wrote: »

The 20 minute break every 6 hours is for adult workers

The regulations provide provision for a break of 20 minutes if over 6 hours is worked - this isn't for each 6 hour increment.

LittleVoice

Nicky321 wrote: »

When or how does she get a proper tax code?

When she starts the employer should deal with sorting out the tax. As she has not worked this tax year and therefore doesn't have a P45 to hand over, she should complete a P46 form (the employer should supply this - it can be downloaded from the web). She will need to tick that she has not worked in the current tax year and that this is her only employer. They can then apply the 747L tax code (allowing some tax-free pay) until HMRC notify them to apply it on a cumulative basis. That should get sorted out before the end of the tax year and there won't be a need to reclaim overpaid tax.

Evil_Olive

Some would give a break in the five hours and some wouldnt but she would not legally be entitled toa break

This information is incorrect.

because she is under 18 she IS legally entitled to a minimum of one break of 30 minutes during any shift lasting more than 4 1/2 hours The employer can give more break time but cannot give less. The employer does not have to pay her for any time spent on rest break/s. Unlike over 18s, she cannot legally waive/opt out of/sign away the rights given under the Working Time Regulations.

The 20min break for a shift over 6 hours is for over 18s so doesn't apply.

Be aware though that there are exceptions written into the Regulations where these rights don't apply. You'll have to work out whether or not that's the case by using the information in the links given in Meepsters post above. If you find this difficult, a visit to the citizens advice bureau may help to clarify the rules for you.

I don't think you're 'mithering' Employers are not always paragons of virtue. They know that young people and low paid workers are less likely to know about their rights and some are not above 'bending' the rules if they think they can get away with it, especially right down at the 'Coal Face' where supervisors are often under a lot of pressure from above to cut costs/increase production and may not even realise that what they're doing is wrong. It's simply just sensible to be aware of your rights before you start.

When it comes to rights, it's 'Use 'em or Lose 'em' IMHO
As long as you take your 'responsibilities' just as seriously

agrinnall

You asked about NI which nobody else has addressed. Full information is available here http://www.hmrc.gov.uk/ni/intro/basics.htm but basically she will pay it in any week that she earns more than £139. I believe that if she earns between £102 and £139 she will recieve NI credits but won't have to pay anything. Any NI that is paid would not normally be reclaimable, unlike tax.

Nicky321

Caroline_a wrote: »

I would say that as she hasnt started the job yet and it's her first job she should see what actually happens, rather than telling her that she 'has to have' such and such a break if she works so many hours.

Thanks. She has actually started her job and her shift was 5 hours and she received a 15 min break.

Nicky321

McKneff wrote: »

Why are you mithering about it before it even arises.

Let her get on with it and learn from it. I had a baby at that age with no one but a husband around.

Some would give a break in the five hours and some wouldnt but she would not legally be entitled toa break

I wouldn't have classed myself as mithering, but looking out for my daughter. Thats what I have done for all my children.

shop-to-drop

Nicky321 wrote: »

Thanks. She has actually started her job and her shift was 5 hours and she received a 15 min break.

Even though she is still under 18 she may prefer to just take 15 minute breaks like her colleagues. She can speak to her manager and take the 30 minute breaks but I know especially when I was her age I'd rather earn the extra 15 minutes pay. Does she really want the full 30 minute break?

Nicky321

shop-to-drop wrote: »

Even though she is still under 18 she may prefer to just take 15 minute breaks like her colleagues. She can speak to her manager and take the 30 minute breaks but I know especially when I was her age I'd rather earn the extra 15 minutes pay. Does she really want the full 30 minute break?

Thankyou, she would rather just have the 15 minutes break and earn the extra 15 minutes pay.

Reverbe

Nicky321 wrote: »

I had been on the site above.
She will be working shifts of 5 hrs, upto 8 hours. I assume on the 5 hr shift she will get 5 hrs pay and a break, but on the 8 hr shift she will get 7.5 hrs pay and a break of 30 mins.

What about Tax and NI? will they Tax and NI her on emergency tax code, and will she get this back in April if she has earned less than her Tax Threshold?

in our company under 18s get a break after about 4 hrs. over 18s only after 6 hours. Shifts are generally 5 hours or so to prevent break times which are 30 mins UNPAID.