Working hours under 18

AP007

Blackandgold wrote: »

But is it a paid or an unpaid break?

Most breaks are unpaid but either way you are still entitled to them regardless.

Blackandgold_2

Sounds as though the manager needs a bit of reminding then!

Takeaway_Addict

Poppy9 wrote: »

She worked 6 hours today and asked for a break and she said her manager was a bit funny about it saying that she could either have no break and be paid for 6 hours, work an extra 1/2 hour and be paid 6 hours or have 30 minute break and only be paid 5 1/2 hours. She opted for 30 minute break as her hours were 10-4 and she was hungry.

To be fair the entitlement to a break is not paid so the manager was actually being reasonable and giving your daughter the option to earn 6 hours worth of pay rather than just 5.5.

Not funny at all.

AP007

Takeaway_Addict wrote: »

To be fair the entitlement to a break is not paid so the manager was actually being reasonable and giving your daughter the option to earn 6 hours worth of pay rather than just 5.5.

Not funny at all.

A break is not a choice its a legal requirement and for under 18's its if they work 4.5 hours or more and no one needs to ask for it either

That is the legal requirement

LittleVoice

AP007 wrote: »

A break is not a choice its a legal requirement and for under 18's its if they work 4.5 hours or more and no one needs to ask for it either

That is the legal requirement

Tell me where it is a legal requirement that someone under 18 MUST take a break if they are expected to work a shift of 4.5 hours.

I agree that if they are due to work more than 4.5 hours, if they request a break, they must be allowed it but not that they must have it which I read your post as saying.

To add - the entitlement is to a break, not to a paid break. So here's another vote for the manager being correct in not denying the unpaid break. In fact he was being better in that the time lost to a break could be made up by working later.

Poppy9

Takeaway_Addict wrote: »

To be fair the entitlement to a break is not paid so the manager was actually being reasonable and giving your daughter the option to earn 6 hours worth of pay rather than just 5.5.

Not funny at all.

Funny as in they didn't want her to have a break. I am fully aware that breaks are not paid by most employers (I work public sector and breaks not paid but when I had a weekend job in school I had paid breaks). They should have known when they put her on Rota for a 6 hour shift that legally she had to have a break. I can understand it being overlooked on a 5 hour shift but not a 6 hour shift and when she asked for a break they shouldn't have made her feel awkward for asking.

Poppy9 wrote:

She worked 6 hours today and asked for a break and she said her manager was a bit funny about it saying that she could either have no break and be paid for 6 hours, work an extra 1/2 hour and be paid 6 hours or have 30 minute break and only be paid 5 1/2 hours. She opted for 30 minute break as her hours were 10-4 and she was hungry.

Poppy9

LittleVoice wrote: »

T So here's another vote for the manager being correct in not denying the unpaid break. In fact he was being better in that the time lost to a break could be made up by working later.

Bit of an assumption that the manager was male when in fact it was a female:rotfl::rotfl::rotfl::rotfl:

The manager was wrong to offer her the option of working with no break as it was a legal requirement given her age.

As I said earlier I think as she is the youngest permanent member of staff there they had forgotten she was still 17 as she said the only others her age are Xmas temps and they have a break.

LittleVoice

Poppy9 wrote: »

Bit of an assumption that the manager was male when in fact it was a female:rotfl::rotfl::rotfl::rotfl:

The manager was wrong to offer her the option of working with no break as it was a legal requirement given her age.

As I said earlier I think as she is the youngest permanent member of staff there they had forgotten she was still 17 as she said the only others her age are Xmas temps and they have a break.

A female manager who was plural ("they") :rotfl::rotfl::rotfl::rotfl:. But I did avoid the stereotypical assumption that someone working in retail must be female.

The manager was not legally wrong to offer her the option of working without taking the 30-minute break but was legally correct in allowing it.

You are also not forgetting that loo breaks are allowed in paid time and will know that some retailers do not allow staff to take time out for this.

Poppy9

LittleVoice wrote: »

A female manager who was plural ("they") :rotfl::rotfl::rotfl::rotfl:. B.

If someone tells you singular 'they' is wrong, please do tell them to get stuffed:rotfl:

Takeaway_Addict

AP007 wrote: »

A break is not a choice its a legal requirement and for under 18's its if they work 4.5 hours or more and no one needs to ask for it either

That is the legal requirement

I did say it was an entitlement if you look but lets be practical, the manager offered the option to work through if the OP's daughter wanted to or to have the break and work for 30 mins extra to get the full 6 hours or to keep the shift and only get paid 5.5 hours and have the break.