5 hour 45 minutes shifts to get around 6 hours break entitlement rule

madteapot

Hello

My partner has been working for Retail clothing/sportswear store for over a year on zero hour contract. As the title suggests they are regularly getting 5 hours 45 minutes shifts so that the managers don't have to give them breaks as per the 20 minutes break rule for 6 work hours break entitlements. I tried to do some research but unable to figure out whether the 5hr45m shifts mean they should have breaks. As looking at the link https://www.gov.uk/rest-breaks-work workers should be given 20 minutes uninterrupted break (can be unpaid) if their shift is of 6 hours or more. Which means their work hours will be 5hr40m then is giving 5hr45 shifts legal?

The thing that annoys me majorly is their breaks are already unpaid so they aren't expecting to shell out more money while the employees have their break. Their only reason for assigning such shifts is that "we are unable to manage giving breaks so give short shifts only and you are only entitled to break if your shift is more than 6h. If you are feeling unwell during work let the manager know and we will let you clock out and go home early if you wish." (manager's words) when my partner tried to talk to them about it which seems completely bizarre to me.

My partner is new in the country and is a first job so avoiding to mess anything up. So far only have tried to talk to manager once politely when feeling tired after 5hr but got the answer as said above. The shifts always start between 10/11 am and run till 4/5 pm so absolutely no chance of having any meaningful food as lunch. It would be great if someone can advice how should we approach this? legally or otherwise?

ReadingTim

It's not illegal, so your approaches are limited to getting used to the hours in the current job, or finding another job with hours more to your partner's liking.

shortcrust

You're really overthinking this. 5 hours and 45 minutes is less than six hours so no requirement for the 20 minutes break. Simple.

I think your partner has the right idea in wanting to avoid trouble. Working 10 to 4 or 11 to 5 without a break doesn't seem that unreasonable to me.

ohreally

setu_desai02 wrote: »

The thing that annoys me majorly is their breaks are already unpaid

Are they getting breaks then?

gardner1

Not hard to guess which company......."Fat Mike's Sports Emporium"

shortcrust

I guess we're all different but I really can't understand why someone would want to stick an extra unpaid 20 minutes in the middle of a 5h45m working day.

madteapot

ohreally wrote: »

Are they getting breaks then?

Probably should have been clearer what I meant here. The don't get breaks for 5h45m shifts but when/if the shift is longer than 6 hours they do get breaks. BUT they aren't paid for those breaks anyway; not a problem as long as they get the break time.

ReadingTim wrote: »

It's not illegal, so your approaches are limited to getting used to the hours in the current job, or finding another job with hours more to your partner's liking.

Thanks. that is what I though. already trying for another job so fingers crossed.

shortcrust wrote: »

You're really overthinking this. 5 hours and 45 minutes is less than six hours so no requirement for the 20 minutes break. Simple.

I think your partner has the right idea in wanting to avoid trouble. Working 10 to 4 or 11 to 5 without a break doesn't seem that unreasonable to me.

I guess we're all different but I really can't understand why someone would want to stick an extra unpaid 20 minutes in the middle of a 5h45m working day.

Thanks and Yes I know its simple and may be I am overthinking it but that is the problem. They could have simply assigned 10am-4pm shift for today instead of 10:15am-4pm. They would have paid the same (actually less 5minutes) money and the employee would have had the deserved break. Agreed its not unreasonable to work those hours and many other professionals do work longer than that I am not trying to argue otherwise. I was just trying to explore ways (if any) in which I can help my partner through this.

madteapot

gardner1 wrote: »

Not hard to guess which company......."Fat Mike's Sports Emporium"

Yeah that's right. Didn't know forum policy regarding name and shame so avoided.

PasturesNew

The point of a break isn't to "get something for nothing", but to be able to walk outside and sigh "PHEW!". If the shift is up to 6 hours, it ends - and you can go outside and sigh "PHEW".

Nothing is being lost by the shifts not being longer at all. Indeed, it's gained, as you know you can walk out after the shift (PHEW!!) and not have to go back in.

shortcrust

setu_desai02 wrote: »

Probably should have been clearer what I meant here. The don't get breaks for 5h45m shifts but when/if the shift is longer than 6 hours they do get breaks. BUT they aren't paid for those breaks anyway; not a problem as long as they get the break time.



Thanks. that is what I though. already trying for another job so fingers crossed.



Thanks and Yes I know its simple and may be I am overthinking it but that is the problem. They could have simply assigned 10am-4pm shift for today instead of 10:15am-4pm. They would have paid the same (actually less 5minutes) money and the employee would have had the deserved break. Agreed its not unreasonable to work those hours and many other professionals do work longer than that I am not trying to argue otherwise. I was just trying to explore ways (if any) in which I can help my partner through this.

Help them through what?!

Les79

gardner1 wrote: »

Not hard to guess which company......."Fat Mike's Sports Emporium"

Well, I worked in a call center which regularly did this sort of thing. We used to deliberately put people on shorter shifts (4 and 4.5 hours) which meant no break entitlement because we simply couldn't afford to have them not taking calls for 30 minutes (break) in the middle of their shift.

They also used to ask for overtime to meet the 5 hour threshold (which is when we gave breaks), but those were usually declined for the above reason.

Really not great like, but that is sadly how businesses are being run right now. Ashley is just cutting corners to the absolute extreme (reflected in his treatment of NUFC too) but he is playing the system fairly well.