Help with unpaid break dispute with employer

Snwps

I started a second job last month as a delivery driver. All has been going great until my first payday.

I have been asked on at least 6 occasions to work later than my rota due to it being very busy. I agreed and was only happy to help out. At payday I noticed that my pay was short and I had not been paid for the extra time worked. A few times I have worked 6.5 hours in 1x 6 hour shift, so have worked an extra half an hour. The employer is saying now that as I've worked over 6 hours I get a half hour unpaid break and therefore have not paid me the extra half an hour. I've lost 2 hours pay due to this.

My issues are:
1) I was never made aware that by working the extra and going over the 6 hours, I would loose half hour pay
2) I never took a half hour break. When I said this, I was told that quiet times and standing round waiting for deliveries were classed as my break!!

Anyone got any advice on this. I feel so manipulated and taken advantage of. I think I'm going to have to take this as a learning curve.

General_Grant

The "rule" about a break included in the WTD applies when a shift is expected to last more than 6 hours. It sounds as though your shifts are not expected to last more than 6 hours when you start (or roughly around the middle when a 20-minute break should be taken) so the law itself does not require you to be offered a break.

Of course, your employer can do so but they need to tell you before the break, not after you have had the opportunity to take it. (And adding 30 minutes to the end of your shift, doesn't work because that is not close to the middle.)

Do you have contractual paperwork which insists on the break being taken - perhaps in a staff handbook?

Snwps

The hours I was rota'd to work were 6 or less hours. But by working the extra to help out, it has taken my hours worked to over 6 hours, to 6.5 hours. Then they've deducted half hour and classed it as an unpaid break. So for example, I was supposed to work 4:00-10:00, but finished at 10.30, but only got paid 6 hours for that shift.

With regards to contract/handbook, don't have one.

So if I worked 4:00-10:00 - 6 hours exactly, can they deduct the 30 minute unpaid break? or is is OVER 6 hours?

Because looking at my hours I've only worked 6.5 hours twice (over 2 shifts), and worked 6 hour shifts 3 times, so no idea why they've deducted 4x 30 minutes.

MacMickster

So the next time that your employer asks you to work past your contracted hours your answer will be?

General_Grant

Snwps wrote: »

The hours I was rota'd to work were 6 or less hours. But by working the extra to help out, it has taken my hours worked to over 6 hours, to 6.5 hours. Then they've deducted half hour and classed it as an unpaid break. So for example, I was supposed to work 4:00-10:00, but finished at 10.30, but only got paid 6 hours for that shift.

With regards to contract/handbook, don't have one.

So if I worked 4:00-10:00 - 6 hours exactly, can they deduct the 30 minute unpaid break? or is is OVER 6 hours?

Because looking at my hours I've only worked 6.5 hours twice (over 2 shifts), and worked 6 hour shifts 3 times, so no idea why they've deducted 4x 30 minutes.

The law (WTD) says you are entitled to 20 minutes (I can't believe you are a younger worker entitled to 30 minutes for working fewer hours). It does not say you must take those 20 minutes but an employer can insist on you taking a break and how long it is - but they can't do this retrospectively.

If they include your waiting around then you must not be in charge of your vehicle, otherwise you are working.

TELLIT01

Next time they ask you to work beyond your hours tell them you will only do so once you have it in writing that you will be paid for the additional hours.

Snwps

MacMickster wrote: »

So the next time that your employer asks you to work past your contracted hours your answer will be?

TELLIT01 wrote: »

Next time they ask you to work beyond your hours tell them you will only do so once you have it in writing that you will be paid for the additional hours.

Oh believe me. Lesson learnt. I'm just so stubborn I can't let things go. :rotfl:

I've said no twice since payday as its taken a week and half to find out what the issue was.

t0rt0ise

If you really have an unpaid break you are allowed to leave the workplace and do what you like in that break. If you are required to be there even though there is no work then that is not a break.