Can I sue my employer for not allowing me to have a break? Along with discrimination?

INCOMING

Hi, I work for a large supermarket and according to their policies and by law of course if you work for more than 4 you are entitled to a break.

On a particular day of every week, I work 4 and a half hours, yet I am not entitled to a break for this. Before the new manager came in, I had my breaks for this particular day no problem at all.

Now this new manager has decided to invent his own rules regarding breaks and on this particular day, I am not allowed to have a break.

Upon approaching manager a few weeks back regarding situation, I was told that I did't need a break, I am a big lad. (I took this very offensive as he said it in a rude way) Though no one was around when she said it.

Haven't had a break on this particular day every week, for nearly 3 months now.

I also get put outside on trolley duties, when I've had no training and on most occasions, I do not get provided with safety boots. They never send any girls outside to do this, surely discrimination? When I see other companies such as B&Q have women on trolley duties.

I've had enough with the way they've treated me also. Red observations in regards to customer service when I am doing everything I am meant to be doing. I have considered not signing any of these observations as I completely disagree with them, but scared I might lose my job as I haven't been there for 2 years and started after april.

I've gone to HR, but they are hopeless, nearly 2 years without a locker, they said they will sort something out but they never do. absolutely pathetic.

I want to sue and if that means I lose my job, then so be it.

AP007

What hours do you work and what does your contract say about breaks?

The law says if you work more than 6 hours you are entitled to 20 minutes break.

DomRavioli

INCOMING wrote: »

Hi, I work for a large supermarket and according to their policies and by law of course if you work for more than 4 you are entitled to a break. That's wrong. By law you are entitled to a 20 minute break for every 6 full hours you complete in a single shift.

On a particular day of every week, I work 4 and a half hours, yet I am not entitled to a break for this. Before the new manager came in, I had my breaks for this particular day no problem at all. See above. If your contract states differently, then you can argue the toss with your manager/HR

Now this new manager has decided to invent his own rules regarding breaks and on this particular day, I am not allowed to have a break.

Upon approaching manager a few weeks back regarding situation, I was told that I did't need a break, I am a big lad. (I took this very offensive as he said it in a rude way) Though no one was around when she said it.

Haven't had a break on this particular day every week, for nearly 3 months now.

I also get put outside on trolley duties, when I've had no training and on most occasions, I do not get provided with safety boots. They never send any girls outside to do this, surely discrimination? When I see other companies such as B&Q have women on trolley duties. You need training to move a trolley? An empty trolley? I don't think you do need training to move an empty trolley, and it seems that they send who they like to send to do a job that is suited to them (do you have proof that it is discrimination, as to me it just sounds like they find an available associate who is best suited to the task) - speculation isn't proof. Without proof, there is no unlawful discrimination, as it isn't proven.

I've had enough with the way they've treated me also. Red observations in regards to customer service when I am doing everything I am meant to be doing. I have considered not signing any of these observations as I completely disagree with them, but scared I might lose my job as I haven't been there for 2 years and started after april. - You seem a little bit spoilt if I'm honest. Jobs are hard to come by, so I'd stick with it if I were you. From what you have said they have done nothing wrong!

I've gone to HR, but they are hopeless, nearly 2 years without a locker, they said they will sort something out but they never do. absolutely pathetic. Don't legally have to provide a locker.

I want to sue and if that means I lose my job, then so be it. Sue for what? You have no justifiable grounds to sue based on the information given above. Your breaks are legal, there is no provable discrimination, and not getting a locker is a matter of contract (if it is in your contract, you can demand one, but its unlikely you'll get breach of contract for not getting one although stranger things have happened).

OP, please see above. There's nothing you can "sue" your employer for, and in the first two years of employment they can terminate your contract without a reason. I'd be very careful if I were you, you seem to think you are entitled to things you are not.

paddedjohn

DomRavioli, where do you get your information? I ask because '' By law you are entitled to a 20 minute break for every 6 full hours you complete in a single shift.'' is wrong, you are entitled to a 20 minute uninterrupted break if you work more than 6 hours a day, even if you work 12 hours its still only 1 break.

DaveTheMus

paddedjohn wrote: »

DomRavioli, where do you get your information? I ask because '' By law you are entitled to a 20 minute break for every 6 full hours you complete in a single shift.'' is wrong, you are entitled to a 20 minute uninterrupted break if you work more than 6 hours a day, even if you work 12 hours its still only 1 break.

In my work they say that by law we're entitled to a 15 minute every 4 hours AND if we work 8 hours or more then legally we must have a half hour break unpaid.........I live in Scotland would that make a difference?

I'm not saying that you're wrong, only what my employer has told me.....the half hour unpaid really annoys me actually because if I work 8 hours OT they only pay me 7.5 hours, even if I offer to forgo the half hour unpaid they say legally they cannot.

paddedjohn

How old are you OP?


The rules are the same in Scotland as in England, see the link below.

http://business.scotland.gov.uk/view/guide/rest-breaks-work

Southend1

You should have training for the trolley duty. Manual handling injuries are common and can be serious. You should also be provided with any necessary safety gear.

Are you a union member? Talk to your rep about this, even if the union isn't officially recognised.

Don't talk to HR, they aren't there to help you. Their job is to cover the manager's backside.

As stated, it's not a legal requirement to have a break in a four hour shift. It may be contractual though. What does your contract/staff handbook say about breaks?

DomRavioli

paddedjohn wrote: »

DomRavioli, where do you get your information? I ask because '' By law you are entitled to a 20 minute break for every 6 full hours you complete in a single shift.'' is wrong, you are entitled to a 20 minute uninterrupted break if you work more than 6 hours a day, even if you work 12 hours its still only 1 break.

I get my information using the official government website.

Link: https://www.gov.uk/rest-breaks-work

"Rest breaks at work

Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day."

Anything else you all can't google and click on a result?

pelirocco

DomRavioli wrote: »

OP, please see above. There's nothing you can "sue" your employer for, and in the first two years of employment they can terminate your contract without a reason. I'd be very careful if I were you, you seem to think you are entitled to things you are not.

actually this being able to get rid of people if they haven't worked 2 years isn't that straight forward .There are certain exclusions and the company have to follow the procedures set out as per their contracts /handbooks/policy

we have had an employee walk out , less then 2 years employment (already in the middle of a gross misconduct investigation) and we still have to go through our dismissal proceedure to ensure its not unfair dismissal

no employer should assume they can just sack someone if they have less then 2 years employment

marybelle01

DomRavioli wrote: »

I get my information using the official government website.

Link: https://www.gov.uk/rest-breaks-work

"Rest breaks at work

Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day."

Anything else you all can't google and click on a result?

Actually you may be able to google, but you have still got it wrong. Workers are entitled to a minimum of ONE break of 20 minutes if they work any amount of hours over six. You said that the entitlement was 20 minutes for every six hours - which is wrong. I didn't need to google it - it's the law.


OP - are you by any chance attempting to look for a discrimination claim because your employer is disciplining you for a cash handling matter which may possibly result in your dismissal? Because (a) nothing you have said suggests any form of discrimination; and (b) to claim that a dismissal was a result of discrimination, the discrimination needs to be related to the reason for dismissal - having to collect trolleys is not related to handling cash correctly at a till; and (c) to claim discrimination you must have raised the matter with the employer through the formal grievance procedure, so you will need to make a formal complaint to the employer about how they are mistreating you by making you collect trolleys, and how this constitutes discrimination against you.

Alternatively, it might be quicker to just go and get a job at B&Q if that is what you think a better employer looks like, because I wouldn't hold my breath on how lonmg you will be in employment with your current employer if you spend your time complaining about frivolous matters and mishandling their cash. Or stick your head down and become a model employee.

DomRavioli

marybelle01 wrote: »

Actually you may be able to google, but you have still got it wrong. Workers are entitled to a minimum of ONE break of 20 minutes if they work any amount of hours over six. You said that the entitlement was 20 minutes for every six hours - which is wrong. I didn't need to google it - it's the law.I didn't respond to you, as this that I am quoting is your first post on the thread. My apologies that I firstly got it incorrect, then corrected with a link to the correct information. I forgot that you're not allowed to make a mistake or be human at an ungodly hour on here.


OP - are you by any chance attempting to look for a discrimination claim because your employer is disciplining you for a cash handling matter which may possibly result in your dismissal? Because (a) nothing you have said suggests any form of discrimination; and (b) to claim that a dismissal was a result of discrimination, the discrimination needs to be related to the reason for dismissal - having to collect trolleys is not related to handling cash correctly at a till; and (c) to claim discrimination you must have raised the matter with the employer through the formal grievance procedure, so you will need to make a formal complaint to the employer about how they are mistreating you by making you collect trolleys, and how this constitutes discrimination against you.

Alternatively, it might be quicker to just go and get a job at B&Q if that is what you think a better employer looks like, because I wouldn't hold my breath on how lonmg you will be in employment with your current employer if you spend your time complaining about frivolous matters and mishandling their cash. Or stick your head down and become a model employee.

Please see above - and don't be nasty about it.