Place of work ignoring employee law

[Boilinavag]

So the law states you should have a 20 minute break for every 6 hours working.

My new job at a well known hotel chain doesn't acknowledge this.
I work 9 hour shifts at a standing desk with no chance for a proper break.
I've just tried to pop to the loo and have been called back to the desk by a colleague.

AIBU to make a stand about this? I mentioned it to a senior staff member last week and they responded by saying I could take a break- but I would have to still be there, near the desk, watching for any more customers.

My AIBU is that that really doesn't count as a break does it?! What if I had a phone call to make? I wouldn't be able to make it, because my job requires SOMEONE to be there 24/7 to handle incoming customers...

More of a WWYD I guess...
So AIBU to talk to more senior management about the lack of breaks, and WWYD if you were in the same position?

Should have mentioned- I technically work 9.5 hour shifts but the .5 of an hour is unpaid as it should be a break... so I'm essentially working extra for free?!

Join. A. Union

then do something to challenge it

Sounds like my job it's utter shit too

20 minute paid breaks are always a bit iffy. When I worked in retail you'd always get called back and there was so much back and forth you never really relaxed.

If you should be getting a half hour unpaid break then you need to assert that this time is away from your place of work. I would usually recommend joining a union but most hospitality employers aren't unionised so it may not benefit you in the short term.

Oh, also, do you get paid more than minimum wage? Does working he extra half hour take you below the minimum wage?

@ghostyslovesheets
Thank you, I've started looking into that now. The monthly charge isn't something we can afford at the moment though so might have to wait 2 months until we're back on our feet financially!

@leghairdontcare
No, minimum wage. So that extra half an hour would take me under minimum wage :(

I'm not expecting perfection, just the opportunity to pee and sit down for a minute!
Cant expect perfection from a place where the "standing desks" come up just above knee height.... 🙈

If you are looking at joining a union do it as soon as you can because things like legal representation don’t kick in for a while.

So the law states you should have a 20 minute break for every 6 hours working.

No it doesn’t. It’s a 20 minute (unpaid) break if you work for more than 6 hours. So work 12 hours and you’re still only entitled to 20 mins. Work 6 hours and you’re not entitled to anything.

I looked in to this in a former retail position.... The working time regulations state you're entitled to an 20 min uninterrupted break during a shift over 6.5 hours. My employer couldn't understand that so i left.

a shift over 6.5 hours

No. 1 minute over 6 hours and you’re entitled.

@MoreSlidingDoors

Good thing my whole post is about working 9 hour shifts then

@MoreSlidingDoors
I'll eat my hat, re read my wording and I did word it wrong 🙈 but I'm still working 9 hours with no break...

@PenelopePeachStone
How did you approach the issue?

Yes, definitely make a stand.

Ask your manager what time you should take your unpaid 30 minute break, and then leave the building to have it.
If someone tries to call you back, say you are on your break!

@AbbyHammond
I've asked before, been told I can just sit down in the back office as I need to watch reception for incoming customers constantly

You either report them for breaching conditions, or you find another job.

If the other staff are tolerating it, then there is little you can do to be honest. I used to work in a care home and would go an entire demanding 12 hour shift without a break at all. After being physically sick once after getting home, I went in and handed my notice in.

I've asked before, been told I can just sit down in the back office as I need to watch reception for incoming customers constantly

I think you need to say "I'm going out for my lunch today".
If they say no, then raise that you are legally entitled to a break, it's unpaid, and if you work an extra half hour they are breaching minimum wage laws.

@AbbyHammond
I'll give that a try next shift, this shift it literally isn't an option as all managers are off and I'm on my own

If it's a big employer, is there an HR department?

If so email them and clarify - that you're entitled to your unpaid, uninterrupted break, that you can leave your desk on your break, and what the procedure is for taking your break when you are lone working.

I’d do what AbbyHammond said. If you’re unpaid for the break, it’s your time, not theirs. Leave the building for the duration of the break. Getting the reception desk covered is their problem, not yours. They sound like utter fuckwits.

@AbbyHammond & @MrsMiggins37
Thank you for your advice:)
Very big chain- so will look into finding the correct route to speak to HR and ask what I'm supposed to do during unsupervised shifts.

I'm still in the probation period though, worried this could lose me the job

Get this, where i work i have to cover my own breaks 10 hour shifts, fifteen minutes morning break, half an hour lunch.I work in a shop alone. Up to five members of staff in another dept could pop up to cover me but no. My supervisor is a gnarly old cow who is alienating me.. That's another thread.. I will be taking it up with senior management tomorrow.

A few years ago I worked for a large pub chain.
They also took money for a break no one ever had.
Or would put you on a split shift thinking that people would stay and hang around for a couple of hours and ultimately work for free.

I literally left the building when I wasn't getting paid.
Even if it was to sit on a bench outside.