Clocking in/out(7 Posts)
This assistance is for my partner as she is the pregnant one in this, but she works at a fast food restaurant (which shan't be named) and she is now 25 weeks pregnant. They keep messing her pay around (which really doesn't help!) on top of this, it seems they make her clock in/out everytime she has a 2-3min break (they deduct to the nearest 5mins) from her pay. Can they do this? If not, what legislation is there that tells them this? A quick note; the manager is not sure and their HR lady doesn't answer calls/turn up which really doesn't help. I thank you all in advance for any assistance on this matter. I'm looking forward to joining the community of parenthood
Is this a new thing, or have they always done this?
Do they make other members of staff clock out for every break or just your partner?
What does her contract say about breaks and pay?
Ultimately they are not obliged to pay her for time not working. Breaks in work aren't usually paid. However if she is being treated differently because of her pregnancy, that is an issue.
To be honest, she doesn't know. As for her contract it seems as though she doesn't have one, which I have gone nuts over as they obviously cannot do that, but her friend is the shift manager and we really need this maternity pay so I don't want to go demanding her rights for her as she doesn't want to upset her friend/boss. They do make all staff clock in/out but as she is heavily pregnant I thought that they make allowances. Obviously, that's why I looked at this forum for the expectant mothers/fathers. It seems that her contract (or lack of one) is the issue as she tells me her assistant managers gets to organise time off (or not come in) as she too is heavily pregnant and is still paid. I really appreciate your response, but I think i'm getting really frustrated with her company more than she is, because she doesn't want to upset anyone. Thank you by the way for your response
If she works for one of the chain fast food restaurants there will be a policy around breaks, normally set to 15 minutes in the morning 30 minutes for lunch and 15 minutes in the afternoon totalling unpaid break of am hour a day.
She should also have had a risk assessment completed for health and safety which could incorporate shorter sit down breaks as she is pregnant, I can't remember off the top of my head but I think that should be done as soon as the employee notifies the company of her pregnancy.
I think it's unlikely the lack of contract is the issue, if all staff have to clock in and out and this isn't a new thing for her. Although of course she is entitled to a contract as you say.
If there is a set policy around breaks as BriansBrain suggests, which sounds probable, but they are allowing your partner to take short breaks at different times, then it sounds as though they are making allowances for her pregnancy. They should do a health and safety assessment for her, and allowing more frequent breaks or potentially other adjustments if required, would be part of that. But adjustments in the form of extra breaks agreed to accommodate pregnancy don't need to be paid if breaks are not generally paid.
It's not clear whether your concern is just the pay for breaks or not.
If your partner has concerns about her health and safety, or isn't being allowed sufficient breaks, then those are things to be concerned about and address. If her health and safety is fine, and she is being allowed toilet/rest breaks when needed, but your only concern is the fact that she is not being paid for these breaks, then I don't think she has a vaid complaint really.
don't forget that an assitant manager is likely to be salary paid so would probably not clock in/out to start with...in the future if she has to clock out for a break tell her to stay clocked out for as close to 5 mins as possible? however when she is clocked in she should be being paid, if it is a chain of restaurants contact the head office rather than the person at her restaurant
If she drank less water during working hours would that help? Less of a need for so many breaks? I presume she is not popping out for loads of smoking breaks.
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