Can my company deduct some overtime even though they didnt allocate a break within 8h

492800

Deleted Thread

Phil_68

If you don't take a break then it's your fault, not theirs.

You are required to take them so have them, working through them is not a valid reason. If you put the boot on the other foot (best way to look at most problems) and they forced you to work your breaks, would you complain? Could you complain?

BTW it's after 6 hours IIRC unless things have changed.

Phil.

getmore4less

WTD 20min break over 6 hours.

Unless you are young then the rules change.

There are also acceptable exclusions that may apply to your type of work so compensatory breaks can be used.

WTD opt out is only for the total hours not the breaks.

Evilm

Are you on minimum wage?

getmore4less

Talk to the manager, tell him to sort it out.

Funky_Bold_Ribena

Do you take a break on your 12 hour shifts?

Phil_68

492800 wrote: »

My fault?,
even though my jobs for that day didnt allow for a break? I had back to back clients all day that my manager allocated.
I sit down in a room and my manages sends me people for set amounts of time.

nope, not on minimum wage.. (and yes it only works out to a small amount in cash I guess, but its the principle..)

OK, it may seem a tad harsh, but if this is your only 'gripe' in over 3 years of working then you are very lucky. It is down to you (via your contract) to take the breaks, I presume it says in there what your hours are? If your manager insists on booking you in 'all day' then raise the issue formally.

It makes not one jot of difference if it's the done thing, you are entitled to the breaks so take them. That is why they are deducting the 1/2 hour from you. You want to work all day without a break - fine, just don't expect more than a pat on the back for your trouble.

Swap the boots again, you put in a complaint that you are overworked and never have time for a break, the company will say you should have taken them, if your work allocation is to blame then it should have been raised so they 'know' about your situation.

When my staff (6 of them) decide to finish their work 15 minutes earlier, I inform them that they are taking an extra 1 1/2 hours work from me and as a business we cannot afford to run with those losses everyday. Same applies if they work through their lunch break, I get an extra input of working time.

So yes, your fault if you don't take your lunch breaks or arrange a system of payback of time owed. It is only a reasonable ask afterall

Phil.

Phil_68

Ok, let's get some background.
Is this the norm?
If so, why start complaining now? If not, you have a chance to nip it in the bud.
What does your contract say? Breaks/lunch times.

You say you had back to back appointments, did you not need a drink, toilet break?

I feel you really need to put some perspective on this, but without the full details we can only guide you on what we know - which is very little at this point. We want to help, so please don't take it to heart, but facts are best laid out for the right answers to be sought.

Phil.

Funky_Bold_Ribena

492800 wrote: »

I've taken it up with my manager it'll get sorted

But, still, not sure why it would be my fault though that I wasnt given a break. If I managed my own time, maybe, yes, but I don't and I couldnt take a break! I had clients allocated to me every 30 minutes, each of them 30 minutes long.
If a manager gives x-amount of work, and doesnt allocate any spare time at all, its the managers responsibility should i turn around and say I am over worked; they have to allow it. but not penalise me for saying, "yeah, I'll help you out during this busy period."

Do you usually take a break on your 12 hour shifts?

getmore4less

WTD breaks are not compulsory but should not be refused if they meet the guidlines(there are a lot of exclusions that allow for compensatory breaks)

If an employee wants to work they can be paid for them.

The real issue here is HR throwing their weight about with the employee and not the manager.

The approved time sheet was what the person worked they should be paid for it.

If there is an issue with the process/proceedures/working time then they should have raised this with the manager not the employee.

AP007

492800 wrote: »

I've taken it up with my manager it'll get sorted

But, still, not sure why it would be my fault though that I wasnt given a break. If I managed my own time, maybe, yes, but I don't and I couldnt take a break! I had clients allocated to me every 30 minutes, each of them 30 minutes long.
If a manager gives x-amount of work, and doesnt allocate any spare time at all, its the managers responsibility should i turn around and say I am over worked; they have to allow it. but not penalise me for saying, "yeah, I'll help you out during this busy period."

You know you are allowed a break? Then you have to make sure you take it

Even where I worked before if I was catching up on some things and I'd tell my boss I was working my lunch (1 hour unpaid) I was always told I had to take at least 20 mins to get some food.