No rest breaks

BMN · 9 December 2012 at 12:25AM

I am currently working part-time hours for a well known retailer during the christmas period.

Xmas temp staff are allocated 6 hour shifts without a break, which is legal. My shifts are normally allocated from 3pm to 9pm (which is closing time).

The problem is that realistically I always end up working longer than 6 hours at a time (usually an extra 15 minutes but in some cases 30 minutes).

I've had trouble finding work so I don't want to cause a fuss and put my job at risk. I also do understand that at the end of the day the store does need to be tidied for the following day but being on your feet and running around a large store for more than 6 hours at a time is tough.

Does anybody know if this is legal?
Or even have an suggestions about how to approach this and bring it up with the store manager?

agrinnall · 9 December 2012 at 11:35AM

Create waves about this and expect to find yourself replaced at short order by one of the 3 million job seekers. I know 6 hours without a break is hard, but you were happy to take the job on that basis so I can't really see that a few minutes extra would be enough to risk losing the job. More pertinent perhaps is whether you are paid for the extra time, especially if it's a NMW job and not being paid would take you below NMW.

Wywth · 10 December 2012 at 11:08AM

BMN wrote: »

I am currently working part-time hours for a well known retailer during the christmas period.

Xmas temp staff are allocated 6 hour shifts without a break, which is legal. My shifts are normally allocated from 3pm to 9pm (which is closing time).

The problem is that realistically I always end up working longer than 6 hours at a time (usually an extra 15 minutes but in some cases 30 minutes).

I've had trouble finding work so I don't want to cause a fuss and put my job at risk. I also do understand that at the end of the day the store does need to be tidied for the following day but being on your feet and running around a large store for more than 6 hours at a time is tough.

Does anybody know if this is legal?
Or even have an suggestions about how to approach this and bring it up with the store manager?

Why don't you start tidying up at 8.30pm, and then you'll be all ready to shut up shop and go home at closing time?

CAB_Malvern_Hills_representative · 11 December 2012 at 5:32PM

BMN wrote: »

I am currently working part-time hours for a well known retailer during the christmas period.

Xmas temp staff are allocated 6 hour shifts without a break, which is legal. My shifts are normally allocated from 3pm to 9pm (which is closing time).

The problem is that realistically I always end up working longer than 6 hours at a time (usually an extra 15 minutes but in some cases 30 minutes).

I've had trouble finding work so I don't want to cause a fuss and put my job at risk. I also do understand that at the end of the day the store does need to be tidied for the following day but being on your feet and running around a large store for more than 6 hours at a time is tough.

Does anybody know if this is legal?
Or even have an suggestions about how to approach this and bring it up with the store manager?

HI

The rules on rest breaks say that where a working period lasts for more than six hours, an adult worker is is entitled to an uninterrupted rest break of at least 20 minutes. The working period is esssentially all the time in the day spent working for the employer carrying out the duties. Your employer may well argue that your contracted time and the working period are one and the same and that if it takes you slightly longer to do the job then that is life. If they job were to become perminent then the way to address this issue would be for your employer to define in the contract in what circumstances the day might be extended ( so that contracted time more accuratley reflects the actual working period or to re-evaluate the time taken to do the job. Whilst you could try to negotiate with them over this issue give the temporary nature of the job they may well be unlikely to change things short term. Probably an issue for many people working part-time in the service sector.

Hope this makes sense !!

VfM4meplse · 11 December 2012 at 5:39PM

BMN wrote: »

I also do understand that at the end of the day the store does need to be tidied for the following day but being on your feet and running around a large store for more than 6 hours at a time is tough.

Is the store really flat-out busy at 9pm? The smart thing would be to keep one member of staff near a till for customers, cash up, tidy in the vicinity etc and another tidying up from 8.15pm. It's just basic time and motion.

Although it may not be that easy putting this to your manager in a diplomatic fashion!

No rest breaks

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