Being forced to work long hours- what to do?

elsien

C_Mababejive wrote: »

But surely the working time regulations 1998 state that workers should be allowed a clear 11 hours rest break between shifts..??

Not necessarily if the needs of the workplace can't accommodate it, some types of work eg if there are busy peak periods like in kitchens don't have to comply. What they do have to do is provide compensatory rest instead as soon as possible which would ideally mean spread out over a week the employee gets a minimum 90 hours off on average. Here's some more info.
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

So your partner would be within their rights to insist on shift pattern where the breaks work out over time. There's also the weekly rest where you should get an uninterrupted 24 hours in a week or 48 hours each fortnight.

sniggings

graceyyxx wrote: »

Do you think she should contact someone higher up alone or ask other members of staff to do the same?

The company seem to take a very no nonsense approach, on wednesday night the second chef got walked out and got upset because she hadn't seen her small children, then returned to the kitchen and the next day she was demoted! I'm just worried that by rocking the boat she'll just lose her job.

She doesn't want to say anything or rock the boat but doesn't want to work more than 40 hours but doesn't want to loose her job!

I'm not sure what answer you are expecting here, sorry to sound harsh but she either needs to speak up for herself or leave.

Why she would want to work in a place that demotes people for daft reasons and tells their staff to "get on with it" beats me.

If it were me I would tell them I am willing to work 40 hours if that doesn't suit them I would leave.

I doubt after 8 weeks it will calm down, it might get less busy but I would expect the kitchen will also be run on less staff, chef work is known to be long hours, I would get out of there whilst she can.

Notmyrealname

She doesn't want to say anything or rock the boat but doesn't want to work more than 40 hours but doesn't want to loose her job!

Why the hell did she decide to be a chef? She must be one of the few people who don't know that the hours are quite long and very few jobs are a 40hr week.

If you don't like working long hours, you should avoid catering along with truck driving, security work, pub work..

She should state the 40hrs on her contract and that from now on she'll be working to contract with no extra hours

Which is all well and good providing that there is no clause in the contract which states additional hours must be done.

The only get out for any of this is the Working Time Directive and the requirement for a daily rest period.

annie1975_2

That is 2 peoples jobs,why cant they take someone else on and do the hours between them...

sniggings

annie1975 wrote: »

That is 2 peoples jobs,why cant they take someone else on and do the hours between them...

because it's cheaper to employ one person than two, less sick, less holidays less training, less payroll less everything.

It's easier to make the staff you do have work harder and longer than pay for too many staff to sit around when the business is not there.

wantsajob

annie1975 wrote: »

That is 2 peoples jobs,why cant they take someone else on and do the hours between them...

Too lazy. Means two lots of national insurance. Etc etc.

ILW

I know a few chefs and it seems that long hours are just part of the industry.

Notmyrealname

annie1975 wrote: »

That is 2 peoples jobs,

No it isn't. The average working week for a truck driver is 55hrs not including breaks. Many security guards do 60hr weeks.

Notmyrealname

ILW wrote: »

I know a few chefs and it seems that long hours are just part of the industry.

Indeed. We have had two posts in a week from the only people who've become chefs who seem to be the only ones in the job who don't know this.

RuthnJasper

It's up to her, but if her contract states 40 hours then these are all she is legally obliged to work, despite any pressure put upon her to do more. If she is being paid for the extra, all well and good, but the employers aren't doing anything wrong in just asking for extra shifts. The problem comes if she is sacked or disciplined for not doing extra hours over her contracted 40.

But, as others have said, it's a known fact that kitchen work is particularly hard graft, with regular pressure. She needs to be a bit more pro-active in sticking up for herself.

Whatever she decides, I hope all turns out well. xx