What breaks is she entitled to?

Reverbe

Meepster wrote: »

Ooops, sorry, looks like you edited it whilst I was writing my first reply, it said something about leaving school in 2010 when I read it


As for tax, yes she'll have to pay it and it will be at the emergency rate. The soon she gets a proper tax code, the better...

Thats odd. As an over 18 in a xmas temp role semi part time on NMW( 15 hours-32 so far) as yet have had 2 wage packets and seemingly from two payslips not been charged any tax or NI :cool:???

Acc72

Reverbe wrote: »

Thats odd. As an over 18 in a xmas temp role semi part time on NMW( 15 hours-32 so far) as yet have had 2 wage packets and seemingly from two payslips not been charged any tax or NI :cool:???

Are you also a full-time student working the Christmas holidays ?

Does your payslip show your correct NI Number ? (Same details on both payslips ?)

What tax code is on your payslip ? (Same details on both payslips?)

Humphrey10

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.

Is that legal? I was told that if the company I worked for let me work for 6 and a half hours without having a break, and paid me for it, they would be breaking the law.

LittleVoice

Humphrey10 wrote: »

Is that legal? I was told that if the company I worked for let me work for 6 and a half hours without having a break, and paid me for it, they would be breaking the law.

No, they would not be breaking the law if you worked 6.5 hours without a break and they paid you for those 6.5 hours - as long as you didn't want to take a break. What would be unlawful would be for them to say you can't have a break when you wanted to exercise your right to a one.

LittleVoice

Reverbe wrote: »

Thats odd. As an over 18 in a xmas temp role semi part time on NMW( 15 hours-32 so far) as yet have had 2 wage packets and seemingly from two payslips not been charged any tax or NI :cool:???

If that is 15/16 hours a week for NMW then you haven't earned enough to pay NI. If you have worked 32 hours in one week (and are paid weekly), then you should have paid NI that week. If, however, you are paid monthly, then you probably have not not reached the point yet.

As long as you presented them with a P45 or completed a P46 so they could apply the 747L code on a Month 1/Week 1 basis, then you also are unlikely to have earned enough to pay any tax.

paulwf

Nicky321 wrote: »

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

Chances are the shift leader doesn't know which staff are under 18 and which are over 18 especially if they are temps. A lot of supervisors also won't have the faintest idea about different rights for under 18 workers - their employer should train them in this but it doesn't always happen.

According to direct.gov "unlike adult workers you cannot opt out of these protections" so it would be bad form all round for them to give her a shorter break and for her knowingly to take a shorter break if she knows she should be having a longer one.

The under 18 breaks rules does seem a bit odd to me as I think we should be entitled to more breaks the older we get as teenagers have far more energy than me Anyway, that's the rules and both parties should try and stick to them.

Reverbe

Acc72 wrote: »

Are you also a full-time student working the Christmas holidays ?

Does your payslip show your correct NI Number ? (Same details on both payslips ?)

What tax code is on your payslip ? (Same details on both payslips?)

no I was an unemployed person on JSA now doing ONLY this job. who also hasnt had a P45 from JSA/DWP.yes and yes

rachhh

Sadly, there's a big difference between what breaks people are entitled to and what they actually get. I have noted on various occasions that people who use the 'it's my right' line to force breaks end up being the ones given fewer hours, harder tasks and not offered a permanent job if available. People who knuckle down and are willing to skip breaks are usually the ones offered more hours and chosen for any available promotions. It might be against the law, but there's not a whole lot you can do if your manager doesn't authorise you to have the breaks you should.