Pay deductions for breaks I'm not getting

M-People

Hi Guys,

I work in a restaurant and basically our payroll system deducts hours for 'breaks' automatically based on the hours we work.

For example, a 6 hour shift automatically adds in a 30 minute break, meaning I get paid 5.5 hours, and a 14 hour shift adds an hour, so I only get 13 hours paid for.

We don't get these breaks, though I'm told unofficially they make up for us stopping to eat throughout the day.

Speaking to my manager, he says that basically 'that's the way it is' and seems to think that unfair for everyone equals fair.

I've gone through my rotas over the past 19 months, and I'm owed almost £500 in these automatic deductions that are made on the payroll system.

How can I get these back?
Thanks in advance

the_donchichio

Well do not do anything at all until you have worked for over 2 years for the company as apparently they can dismiss you without reason

And do the employees receive any time to eat??? & does it equate to anywhere near 20 minutes??

Gavin83

I'd probably wait until you reach the 2 year mark and if they won't pay you for these periods just take the break anyway, regardless of the position you leave the company in.

My place doesn't pay you for breaks either, even if you don't take them. However I generally get my break.

JodyBPM

Surely the time you stop to eat is a break?

rdr

If working the time you are not paid for takes you under the minimum wage you would have a very strong claim and the company could be in trouble.
Still best to wait for two years though.

shop-to-drop

If you are stopping to eat during the shift this would count as your break.

getmore4less

If they are deducting the time make sure you have that number of breaks.

Remember breaks can be compensatory and do not have to be taken on the same day as long as you get them all.

Take longer to eat and take advantage of quiet period/days

Southend1

Contact your Union rep, who will be able to advise you appropriately. It may be that you need to raise a grievance to get this sorted. What does your contract actually say about breaks?

FBaby

Legally, they have to offer you breaks and these are unpaid, so it sounds like they are following the rules to that regard. The question now is whether you are forced to work during these time depriving you of being to enjoy these breaks. You don't HAVE to take them, that is up to you, they only have to offer them. If you are chosing to get on with work, then it is not them breaking the law.

What is sure is they don't owe you for that time. What you could do is take them to a court to show they are breaking the rules and not allowing you your breaks and then hope for some compensation, that is if you can actually prove that you were prevented from taking any legal breaks.

yvonne13_2

I get paid for my two15 minute breaks but not my hours lunch.

Are you sure your breaks are unpaid OP?

getmore4less

No requirement for a break on a 6hr shift.