Deductions for non-existent breaks

JDC14

I am on a zero hour contract for a company who I am currently reluctant to name.

I'm sure quite a few of you will probably have heard of it, but not neccessarily everyone. (As far as I'm aware we're now 50% owned by "the bank", not sure which one of that makes any difference)

Either way, I've heard quite a few times and had it confirmed by ex-employees who were managers, but not current managers, that we get money deducted from our wages for breaks automatically.

The law is that as a 19 year old, I'm entitled to 20 or 30 minutes every 6 hours. Where I work the policy is 30 minutes for every 6 hours and there is also a Memo that went round and is displayed in the staff room saying unless we work 6 hours we won't get a break, (for staff 18 or over). Yet they only count this up to the time the centre closes and don't consider the hour or more we stay afterwards to clean.

So if I worked 6-10.30 I don't get a break, but some busy nights, I can be there beyond 12 midnight cleaning, and don't get a break, but they still deduct the money. So the aim is to sign out before 12, but sometimes they don't let us as they want us to walk round with them and check the cleaning (which I'm sure is just a ploy to knock the half hour off) becuase if I sign in at 17:59 and clock out at 12:00 I'd only get 5.5 hours pay rather than 6.

Is this even legal? I'm not so sure, if its not, what can I do about getting this money back? My contract started in October 2010, so there's plenty of shifts this could've happened over.

SarEl

You can't "get the money back" - you can only get the break. The break is a legal entitlement under the Working Time Directive, and that entitlement isn't negotiable for cash. So you would have to insist on taking the break. And I wouldn't suggest doing that on your own, or you will probably end up with a longer break than you wanted I don't suppose you are in a union?

scheming_gypsy

Out of curiosity, how would that work? if they're contracted to work 6 - 10:30 but often stay till after midnight, then they're only on 4.5 hours. So after midnight when they've hit their 6 hours and entitled to their break, they'd have to have a break and then possibly do 10 minutes work before going home.

The way I've read the first post

but some busy nights, I can be there beyond 12 midnight cleaning

is that they don't know if they'll be there till after midnight until it happens

SarEl

I agree it's silly - but that is the employers problem. The break is the legal entitlement - not pay for not having a break.

JDC14

The cleaning is a set list and not a set time.

So if I ask for a break it'll be no because we close at 1030, even though I can be there to beyond 12 midnight doing the cleaning. So I'm told by managers I can't have a break - yet I'm working beyond midnight, so its a no-win for me.

They already take the * with certain aspects of the job and the managers certainly take too many liberties but this has probably cost me over £200 since I started the job nearly 14 months ago.

saintjammyswine

Dont forget that although not specified directly, the break should be taken towards the middle of the shift and not at the very start or end of it.

scheming_gypsy

which is where there problem starts, the shift is only 4.5 hours long so it only becomes 6+ if / when they get busy. If they're not busy I'd guess that they finish on time / before 6 hours.

getmore4less

Why are these cleaning tasks so variable?

JDC14

The reason the cleaning tasks are variable are that if the place is dead (e.g. If I'm working the bar section) I can wipe tables, bottle up the fridges etc. before we close as I'll have time and then I can just mop as soon as the customers leave.

Whereas last night we were busy, I was given no help on my section (I radio'd reception 4 times but no reply, my acting manager walks over 5 minutes later, I tell him I need some help and he says "okay" and walks off).

So I couldn't do any cleaning until the bar was closed (10.30) and couldnt do all the cleaning around customers who were still there past 11, so I was stuck there till after 12. It doesn't always happen, but it happens often enough. So I'm * off, I'm effectively doing half hour free a couple of days a week.

LittleVoice

JDC14 wrote: »

. . . I've heard quite a few times and had it confirmed by ex-employees who were managers, but not current managers, that we get money deducted from our wages for breaks automatically.

. . .

So if I worked 6-10.30 I don't get a break, but some busy nights, I can be there beyond 12 midnight cleaning, and don't get a break, but they still deduct the money. So the aim is to sign out before 12, but sometimes they don't let us as they want us to walk round with them and check the cleaning (which I'm sure is just a ploy to knock the half hour off) becuase if I sign in at 17:59 and clock out at 12:00 I'd only get 5.5 hours pay rather than 6.

Do you actually have experience of the time being deducted from your paid hours?

You write as though you have heard that this happens but not that you have actually experienced it (unless you have said that in one of your later posts and I've missed it).

JDC14

I've never asked for a copy of my timesheet and physically gone through it myself.

I look at my payslip and go:

"Oh, 32.02 hours, multiplied by my hourly rate, total amount, yep thats correct".

I've not requested a timesheet and looked at all the times I've clocked in and out and worked it out, but a former manager who is now a security guard for the whole building has said it does happen, as does other employees - but I've not checked myself or had it confirmed by a current manager. However, I do believe it's something this company would do as they treat us like utter *.