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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To complain about not getting lunch break at new job?

31 replies

HannerHet · 14/07/2014 20:23

Started new job today (retail very busy). Worked from 9am-5.30pm. Should have had two breaks, one for 15mins in morning then another for 30mins at lunchtime. I had 15min break at 1.45pm and didn't get the other break at all. Obviously I don't want to rock the boat on my first day, but on the other hand I'm not working for nothing. Am in again tomorrow and planning on asking to go on my break if no-one sends me.
Any advice please? All I had was a banana and a coffee all day

OP posts:
FatalCabbage · 14/07/2014 20:27

Did other staff go?

The question you should ask is "When should I take my lunchbreak?"

Original poster
HannerHet · 14/07/2014 20:30

I think most of the staff had at least one break, including a fag break and speaking on their mobiles outside. But they were not all there for the full day so their breaks might have varied. It's like they grabbed 5-10mins when they could, which I don't blame them but it's not really fair

OP posts:
FatalCabbage · 14/07/2014 20:33

Oh dear - sounds like you'll struggle to get yours then.

You might have to be very assertive. How badly do you need the job?

Ragwort · 14/07/2014 20:33

What sort of retail environment? Ie: is it a small shop with just a couple of staff or a supermarket with a large team and an HR department?

I work in retail (v small shop) and just can't really take a 'proper' break because there are times when there is no one else in the shop to cover. I appreciate it is not ideal but there are lots of other aspects of the job that suit me so I accept it.

If you have a manager or team leader you need to speak to them immediately and make sure you ask what the arrangements are for proper breaks.

whatwhatinthewhatnow · 14/07/2014 20:33

If you work 6 hours or more you are legally entitled to 20 minutes at least. So YANBU if you didnt get that. But you will probably have to make sure you go as it sounds like they take that legal ruling quite loosely.

The Law

Sisyphus85 · 14/07/2014 20:34

If you are paid per hour - and your contract specifies breaks, then YANBU to complain.... but I wouldn't 'compain' on your second day. It might have just been an unusual day.

Firstly keep track of when you have lost out on breaks so you can check that you are being paid for the 1/2 hour next paycheck. If not then bring it up and make sure that you get it made up next pay.

Tomorrow try and find someone that you can ask about it - your manager if nice or a colleague - just try and find out what normal practice is. If everyone else accepts only getting one 1/4 break then it is shit, but not your place just yet to complain. You'll just have to adapt for the first few weeks - maybe make sure you bring your lunch with you so you can gobble it down. Then once you are a bit more settled (even just in a month or two) you can bring it up in a constructive "you are not getting full productivity out of all of us by only giving us 15mins" kinda fashion.

Original poster
HannerHet · 14/07/2014 20:41

It's a shop/cafe with 5/6 people working over lunch and 2/3 are on all day to cover the start and end. I wouldn't mind so much if I was paid for it but I will be paid for 8hrs assuming I have had a 30min lunchbreak for a 8.5hr shift. They did say it was an unusually busy day today, so will see what happens over next few days. Thanks for replies

OP posts:
sleepyhead · 14/07/2014 20:42

What Sisyphus said. Make sure you're getting paid for these breaks you're not taking.

When I worked in retail we only got the statutory break paid. Lunch was 1 hr but unpaid so if we hadn't got the opportunity to take it we'd have been working for free.

If it's a decent sized business then your break should really be on a rota. Harder if it's a one man show.

sleepyhead · 14/07/2014 20:44

Xposted. In that case you need to be on the ball here. Take a note of the hours you're working and if you don't get your break tomorrow ask if they'd prefer to pay you or give you back the time in lieu.

They're taking the piss.

Original poster
HannerHet · 14/07/2014 20:46

Thanks sleepyhead that's what I thought. Will keep a note that they owe me 30mins and see what happens tomorrow

OP posts:
shockinglybadteacher · 14/07/2014 20:47

Er no YANBU. To get no breaks or a break of 15min only when you've worked from 9 to 5.30 is actually illegal.

It's not really about upsetting people. It's about your rights as an employee. Even if everyone's totes pissed off with you, what's the alternative? Work with no breaks at all in case someone gets angry at you daring to demand a break? "Gobble" lunch down when your manager isn't looking - mustn't take time to myself, mustn't be ungrateful, happy to have a job - so no one thinks you're going to be so OTT as to ask for a break for lunch? I mean, expecting to be treated like a human being, that way madness lies.

I've worked retail, waitressing and security and I always made absolutely sure to get my breaks. Partly, it starts to get really difficult to function if you can't get them. You get tired and sometimes can feel quite ill.

I don't often recommend USDAW because they aren't my favourite union in the world, but seriously speak to USDAW. www.usdaw.org.uk/ They can explain your rights to you and hopefully sign you up.

Original poster
HannerHet · 14/07/2014 20:53

Thankyou shockingly. I do need the job but I also know my rights and will go out of my way to help anyone but I'm not going to work for nothing, or get walked all over. Been quite a stressful day, not looking forwards to tomorrow

OP posts:
Viviennemary · 14/07/2014 20:54

This lack of proper breaks is becoming more and more the norm from what I've heard. It is just totally wrong and unfair. And puts hardworking people who need to eat lunch in a difficult position with all this airy stuff Oh I never take a break from colleagues. A 15 minute break in a full day is just totally unacceptable. Have you got a contract of employment. You should have.

Original poster
HannerHet · 14/07/2014 20:58

Not yet, will prob get one this week. I couldn't sleep last night, thinking about starting this job, so today after all this, I am exhausted and resorted to wine! Bed soon. Thanks mumsnetters, appreciate your support :)

OP posts:
Sisyphus85 · 14/07/2014 21:00

I agree with what shocking said - but tbh if in your first week you start quoting legislation then you are flagging yourself as a trouble maker to the manager and saying to your colleagues that you know better than them. It's not fair but that is life sometimes. Assuming you want this job long term, I think you making friends is a bigger priority than improving your conditions.

On a more practical note, in a couple of jobs where the manager has been a bit rubbish at arranging breaks, the staff have organised it themselves. So between the 3 of you that are on open/close, you pre-arrange when each will take the 1/2 hour.

Original poster
HannerHet · 14/07/2014 21:00

Plus I was 10mins late leaving, and said I had to go in the end to pick the dc's up

OP posts:
mynewpassion · 14/07/2014 21:04

Be assertive and say "when it slows down a bit, I am going on my lunch break." If you were 16 years-old, I would give you a break but if you are a grown woman, who seems verse in employment law, I say its 50% your fault.

shockinglybadteacher · 14/07/2014 21:05

Vivienne I've heard that, from people saying "If my colleagues/manager needed me, I wouldn't walk off the job" (because wanting to eat in peace is an unreasonable demand that only an evil worker would make, and roughly equivalent in effect to a wildcat strike). I always want to say so how much does everyone else respect you then, if you're not allowed to have a lunch break?

Retail workers do not get paid like CEOs of Fortune 500 companies, their terms and conditions aren't fantastic to say the least and asking to be able to get breaks is the bare minimum they are allowed in law. HannerHet I hope this gets sorted for you, I hate to see people in this situation.

Cornettoninja · 14/07/2014 21:13

You do need to speak up.

Especially in places with everyone working different shifts no one is going to send you off, they're looking out for themselves and will assume you are too.

Use the fag breaks as an opportunity to bring it up eg. 'Are you going for a fag soon? I'll go for my lunch when you're back'. Them breaking means you're not buggering off at an awkward time otherwise they wouldn't be 'nipping' out.

shockinglybadteacher · 14/07/2014 21:16

Sisyphus there is another problem with this which I think might happen to the OP, which is if she didn't complain early on, they will assume she'll do it forever. "Hanner has never said anything else before about her breaks, why is she moaning now? X employee and Y employee do it, is she just looking to pick a fight for some reason?"

I think what needs to happen is a calm reasoned response. "Hello [Hanner's manager], just heading off for my break now! Be back shortly." If the manager responds with something like "You can't break now, I need you on the floor" she goes back with a cheery "OK then, so you'll let me know when I can get my lunch? What time would it be, do you think?" Hanner, always assume 100 percent that you can get your lunch, as it is actually a requirement in law - you aren't asking that management let you go in naked aside from a tattoo of Luis Suarez, you're asking to be allowed to eat so you don't collapse in public. It shouldn't be a difficult request.

Littlef00t · 15/07/2014 09:25

I wouldn't just announce your taking your break on day two, a more tactful 'would now be a good time for me to take my lunch break' would be my suggestion

anonacfr · 15/07/2014 09:29

You could just say 'yesterday was very busy and I didn't get my lunch break can we set a time for today?' and see how they respond.

flowery · 15/07/2014 09:34

Don't complain, don't start quoting legislation and don't just announce you're going on your break. All of those really bad advice for day two of a job.

Just speak to your manager and say something like anonacfr suggested - maybe "I didn't get my lunch break yesterday, it seemed busy and I wasn't sure when to go. What is the arrangement, is it a rota and when should I go today?"

Nanny0gg · 15/07/2014 09:38

When did it become normal to have such short breaks?

When I used to work in retail and in offices (many moons ago), if you worked a full day you had two 15 minute breaks and an hour for lunch.

Those were the days...

googoodolly · 15/07/2014 09:40

You just need to ask. I know the feeling - I work retail and it can be really busy and you do just have to take your breaks as and when you get a chance. Your best bet is to say "I didn't get a chance to take my break yesterday, is (2pm) okay for today?"

You probably won't get your breaks at a tradtitional lunch time if it's busy and you work in a café environment. I often work over lunch and have breaks at 11am and 3pm because there's no chance to get one otherwise!