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?

This is the whole point of unions. You probably won't change a thing alone, unfortunately.

To be honest, I'd start looking for a new job. If they need someone to mind the desk constantly then I can't see much being done.

What can a union do about this? I'm in a union without my work knowing as it's a small place which is badly run and I feel I need backup from someone who actually knows employment law. What would they do for me if I had a problem?

What do you colleagues/anyone else in same job say about it?

I'd definitely speak up. Are you paid for the full 9 hours or 8.5?

Unfortunately employers know they can get away with this as you have few employment rights until you have completed 2 years service.

The only good solution is to find another job.

What can a union do about this? I'm in a union without my work knowing as it's a small place which is badly run and I feel I need backup from someone who actually knows employment law. What would they do for me if I had a problem?

Firstly, they can impart their legal knowledge and let you know of any illegal practises going on in your work. They would help you lodge a grievance and attend your grievance meeting with you.

They will help you with the conciliatory process should you wish to take your grievance further.

They will represent you in any disciplinary/sickness review meetings etc.

Basically. If a union is not 'recognised' in the workplace, they are your advocate and should the worst happen, you will have free legal support should anything like that occur.

Unfortunately employers know they can get away with this as you have few employment rights until you have completed 2 years service.

The right to breaks and to receive the NMW are statutory rights so it is automatically unfair to dismiss someone for trying to assert them. Obviously proof can be difficult which is why putting the concerns to the employer in writing is a good suggestion.

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

They’d be unwise to do that and risk you claiming you had been automatically unfairly dismissed. Put it in writing to HR.

Boilinavag

Tbh i hated that job and was already interviewing for others... I got out before i had to do anything.... Sorry i cant be more help xx

Oooops correction - me talking bollocks - I have reported my post - apologies @MrsMiggins37 - my error.

Both Unite and GMB have salary related rates of subscriptions. Being in a union is priceless really in situations like this. The only other way is to address it collectively with other staff.

Personally I would join a union for £10 a month.

If you have to stay on the premises during your break then it should be paid. Ask them what time your break is and tell them you have to leave for that time (for whatever reason). I would start looking for another job if you are making waves while in your probationary period

Thanks positive

I never saw it @familycourtq - thank you anyway!