Bullying Boss

poppy08*

Hi All, I hope you can help. I'm in a pretty desperate situation.

Basically, I work a 40+ hour week on a rota basis. I do four 8 hour shifts on a reception, and one day (12pm-11pm) in a bar for the same company. My boss does not allow any staff to take any breaks during any shifts- says we have to make the time for them, and as I work in a public place, a break can never be guaranteed.

On monday, during my bar shift, my family who I hadn't seen since xmas came in to see me. I was with them about 20 mins, so I took this as the break I ws entitled to. The few customers I had in the bar were fine and had been served jsut before my family turned up. When my family left, my boss comes down to me and goes mental for me 'leaving the bar unsupervised, and having a drink while working'. All I did was step out from behind the bar and have the non-alcoholic drink my dad bought for me. My boss has now taken an hours pay from me for (her words)- not giving a s**t about her or the business.

There is also the fact that I am being paid a salary so I don't get paid my overtime, and my contract still states that I should be paid by the hour.

I have been to my local CAB office, and all they told me was to question my salary, and if the overtime pay is refused, to walk out of my job and start proceedings to take her to a tribunal.

Can anyone here offer any more advice? It would be much appreciated!

Thanks in advance.

Phil_68

Hi, how long have you worked there?

If your contract says paid by the hour, do you clock in / out? Do you have a typed rota that you refer to?

What does your contract say about breaks?
If you are left alone for the entire shift, is there anyone to cover your breaks if required?

Phil.

poppy08*

Hi Phil,

I have worked here just over 18 moth now. I don't clock in/out, we just go by a typed rota, buy our hours are noted weekly (by hand) by our boss.

There is nothing mentioned in my contract about breaks. But these are a legal requirement! How long you get depends on your age right? I'm 25 and entitled to 20 mins every 6 hours. There is only ever one person on reception, except during shift change.

AP007

There is a legal requirement for a 20 min break for over 6 hours work

Remind them of that

I come from a hospitality background and all our staff got a break.

poppy08*

AP007 wrote: »

There is a legal requirement for a 20 min break for over 6 hours work

Remind them of that

I come from a hospitality background and all our staff got a break.

I have reminded her of this in the past. The response I got was- 'well there's no one to cover, you have to take a break when you can, just take the hotel phone with you'.

Takeaway_Addict

poppy08* wrote: »

I have reminded her of this in the past. The response I got was- 'well there's no one to cover, you have to take a break when you can, just take the hotel phone with you'.

Its not every 6 hours its 1 x 20 minutes break for over 20 minutes and something I learnt earlier was that this is it. Its not per every 6 hours plus.

Regarding the breaks, take them. You have worked over 1 year so are protected in employment law.

She cannot dock you your wages.

However, are there others you can work with so you're not standing out as much when you stand up for yourself?

AP007

poppy08* wrote: »

I have reminded her of this in the past. The response I got was- 'well there's no one to cover, you have to take a break when you can, just take the hotel phone with you'.

then remind them it is for THEM to arrange cover, not you and no work to be done on an unpaid break at all so no need to take any phone with you anywhere.

Is this a private co or a chain?

poppy08*

Unfortunately, she has docked my wages- I'm not the first person she's done it to either.

She could be done many times over for unfair dismissal as anyone who stands up to her gets sacked, but no one takes that action.

I really don't know what to do about the break situation at the moment. It's not the first time for this either- I regularly do12hour + days with no break to cover functions/parties we have. I'm not asked to do these- the rota is just worked out in the way that I have to cover them.

This is a private company. Head receptionist here is as good as family to our boss, so I can't go to her with boss issues and there is no such thing as an HR dept either. There is only one person between head reception and the boss and that is the GM who basically is a judgmental A**E and has been trying to get me pushed out of here since the day we met. He is also too close to the boss.

AP007

poppy08* wrote: »

Unfortunately, she has docked my wages- I'm not the first person she's done it to either.

She could be done many times over for unfair dismissal as anyone who stands up to her gets sacked, but no one takes that action.

I really don't know what to do about the break situation at the moment. It's not the first time for this either- I regularly do12hour + days with no break to cover functions/parties we have. I'm not asked to do these- the rota is just worked out in the way that I have to cover them.

This is a private company. Head receptionist here is as good as family to our boss, so I can't go to her with boss issues and there is no such thing as an HR dept either. There is only one person between head reception and the boss and that is the GM who basically is a judgmental A**E and has been trying to get me pushed out of here since the day we met. He is also too close to the boss.

Put in a grievance for an unlawful deduction to your pay

re the break you are LEGALLY allowed to take!

poppy08*

AP007 wrote: »

Put in a grievance for an unlawful deduction to your pay

re the break you are LEGALLY allowed to take!

Who would I put the grievance to? This is the problem- no HR dept and a boss who just shouts and swears then bad mouths to the rest of the staff if you so much as breath wrong!

AP007

poppy08* wrote: »

Who would I put the grievance to? This is the problem- no HR dept and a boss who just shouts and swears then bad mouths to the rest of the staff if you so much as breath wrong!

to the owner and then if you do not get the money back or a break seek legal advise.

Edit - in fact just ask for the money back first and tell them the law says you are to have a break