Is this legal.working 100 hours.

[whatisforteamum]

So I work in hospitality. Busy stressful times at Xmas and someone has left.
Ok.One colleague got covid followed by my boss.
So both my senior colleagues and Xmas parties all booked in for a separate menu.
Now it's just me and KP who can't cook.
Working 10 until 1030 or 11.
For 9 days no support from the pub manager who has loads of staff.
I'm exhausted,burnt myself too and stressed.The communication is so poor I was asked to work Fri morning then someone told me it is all day.!!
I do have more days off next week then working Xmas day boxing day Tec.
Absolutely fed up.
Last Christmas there was 5 of us now just me.
Agency is coming today but is it legal to make someone who has just recovered from anxiety and depression work this many hours.

Working time directive? Are you on contracted hours or zero hours? What happens if you refuse? Unless you have a Fit-note requesting adjustments like limited hour shifts or amended duties you need to negotiate rather than rely on employer.

This is too much for anyone, I'm not sure if the European working time directive still applies but might be worth a Google. Do you have a contract? What does that say? Hope you get some rest x

It's not illegal no, but you also don't have to do the hours. You need to talk to whoever is in charge.

Have you opted out of Working Time Directive? How many hours are you contracted to work?

They cannot make you work more hours than contracted.

If you are on zero hours contract just refuse the additional shifts.

www.gov.uk/maximum-weekly-working-hours

Also info about statutory breaks during working hours and between shifts

It's not illegal for occasional crisis like this. Would an extra untrained kitchen hand even help? The alternative is cancelled bookings, you might get lucky and the customers cancel anyway. Sorry but it's extraordinary times you are far from alone

I'm zero hours and I didn't opt out of the 48 hour rule.
Some bookings have cancelled thank goodness.
Anyone who is and adult could dome some of the basics under my supervision.

If yiou are zero hours then just say no to any additional shifts or say 'I can only work xx hours this week'!

So why are you not turning down the additional shifts if you don't want to do them?

If you’re zero hours just say no!
There’s an employment crisis in hospitality you’d get another job in five minutes

I'd be handing in my resignation or faking an illness myself tbh. They are massively taking the piss.

My dd works as a barista for a small independent chain and they've been having management come in and be temp staff when there's staff shortages because the alternative is to shut the site completely.

They are shutting mon Tue.Still I feel obliged to massively step up 2 positions and it is Christmas.
The manager was nowhere to be seen until 930 pm!!
All the front of house were amazed I had soo much to do.

Well you don't have to do the additional shifts so it's a choice you are making.

You are choosing to put yourself in this position. Obligation is set by you. Either accept and get on with it or say no to extra shifts.

I don't think it's illegal. You could say no, or you could do it and ask for double time. If they're that desperate, you might be able to make the most of it. Depends on what you want to do really.

Yes luverlybubberly I may have to.

"I feel obliged" isn't the same as being told or asked to do things. Take a step back.

Speak to the manager- if necessary email to arrange. Tell him what you've done so far, raise the concern of burn out. If his reaction is poor, point out that you haven't opted out of the working time directive.
Tell him what you need from him short term and long term.

I think anxiety and depression can make it easier to just go along with what's asked of you rather than stand up for yourself - especially when you're acutely aware that it does fall on your shoulders and you will be letting them down

Remember to them you're not a person you're a number, that they need you to help get them thousands of pounds in cash and I expect you will not be receiving.

Remember that the conditions youre working in will lead to burnout. They are unmanageable for anyone who is mentally well, or not.

I would call ACAS for some free legal support and start telling work what you need, when they tell you what they need. If you died tomorrow, you would be replaced.

Perhaps the management could contact those parties and offer them free postponement to a later date - they might be quite relieved because they were thinking of cancelling anyway.

They might even consider offering cancellation to the Christmas bookings - people might rather have a cancellation now than be told on Christmas Eve that you're down with covid and now there's nobody to cook the dinner. At the very least they need a contingency plan in place for you being off.

Step back. No one is irreplaceable and certainly not in the hospitality industry at the moment, you could walk straight into another job.

They would make you redundant if they needed to so you can walk away from them.

Are you getting a 20 min break every 6 hours?
Do you have at least 11 hours between shifts?
Do you have a consecutive 2 days off within a fortnight?

If no to any of the above, it's illegal. Although I know hospitality is absolutely notorious for this stuff.

You need to say no and not feel bad about it.
I used to be the same and work every hour asked of me because I felt bad they were short staffed, but that really isn't anyones problem but theirs. I worked every hour until I was that Ill and exhausted that I couldn't do anymore, a friend said to me "if you died tomorrow they'd have someone to replace you next week so why are you running yourself into the ground for them" and it's very true for a lot of employers your just a number.

You're on zero hour contract - just don't do the shifts. You're in huge demand right now, you'd be able to get a job anywhere.

Why on earth are you still in this job?