To ask if you can sign out of laws in employment?

[BeaAndTiscuits]

I work for a big hospitality company and my job title is "bench manager", so I'm technically only supposed to be management to cover etc but I rarely do a team shift now.
Since being a manager, I don't get a break. It's well known that managers don't get breaks and often joked about. Manager shifts are usually 8-4 or 3-11ish, but if it's busy then can be longer. Managers are to be available at all times, they have to authorise certain things through the tills, so there is no guaranteed time of an uninterrupted break on your shift. I have to make sure team get their breaks but I'm not to take one? I've mentioned it before and they say to take one before the store opens if you're on an opening shift, but I find that I don't even have time for it. The other managers come in almost an hour early to get things done, but I can't because of childcare, and the shift starts at 8, they just chose to come in earlier. The evening shift, the store is open all the time so when could I take a break. I'm not allowed to give my authorisation card to any employee, it's classed as a sackable offence, so even if I was to go for a break, someone more than likely will need to come get me to authorise a discount or a void etc.
Also, next week I have been rota'd for a close and then an open. So this is finishing between 22:30-23:00 and starting again at 8am. I thought that there had to be an 11hour gap in between shifts but one of the other managers said that that law doesn't apply to hospitality? Is that true?
Also in a few weeks I have been put on 2 shifts that are 8am-11pm, I said I would do it during the week (quiet shifts so not as tiring) to help out as another manager is on holiday and I felt bad about not being able to pick up an extra day, but they've put the shift at the weekend which is the busiest. They replied with "you'll have full team on so HOPEFULLY you'll be able to take a break at some point". I just find it hard to believe that they can get away with it.

I would find a new job but it's hard as I'm a single parent and this job is flexible around my childcare, but I'm starting to think they're taking the piss and I guess I just wanted to know if it's true that hospitality can sign you out of laws or that they don't apply in this industry.

Whilst YOU can opt out of the 48 hour week, your employer cannot opt out of complying by the WTR (Working Time Regulations 1998). Check that out as yes, you should be having 11 hours rest between working days.

You should also be taking your break in the middle of your shift.

I was in a supermarket on a Sunday when they had a major issue. The manager was nowhere to be seen so I asked staff to call him. When he said he was the only manager in, I asked what happened if there was a problem during his break and he told me he doesn't get one.

I complained to his employer and asked for an explanation as to why they were breaking the law.

They are looking into it.

As a manager, you should be able to assert your rights, and understand the grievance procedure that you need to follow.

Call ACAS if you don't have a union rep, or join a union for advice if you haven't already

You can opt out of the 48hr week (though I'm pretty sure that employers aren't supposed to force you to agree to this on pain of not being offered the job, it should be a free choice). The working time regs don't apply to some industries but I'm pretty sure that hospitality isn't among them (it's things like transport and oil rigs).

Any shift of more than six hours should have an uninterrupted 20 minute rest break partway through (not at the beginning or end). If your break gets interrupted (such as in a PP's 'only manager on duty' scenario) then it should be taken again in full.

No, hospitality isn’t exempt.

my industry is sometimes exempt but only in emergency situations eg dealing with a gas leak.

Whether it's legal or not I don't know, but the no break thing is common in many sectors. My partner is NHS supervisor and can't leave the department during his shift and must be available at all times. He can take a quick comfort break but will probably be interrupted for something. He also starts 30min early unpaid every shift to have department ready for staff arriving.

The 11hrs between shifts only applies if it happens regularly, a once off going from early to late is allowed but not of its regular/frequently.

Overall though it sounds like your workplace doesn't value your wellbeing.

The Working Time Regulations very clearly set out rest periods.www.legislation.gov.uk/uksi/1998/1833/regulation/10/made

• 20 minutes after working 6 hours.
• 11 consecutive hours rest in each 24 hour period.
• 24 consecutive hours rest each 7 days or 48 consecutive hours rest in 14 days.

There are provisions for emergency situations but you should have compensatory rest asap.

Talk to your union, absolutely. This is not allowed.

If you work for a certain burger chain. I might be able to help if you're in the UK.

But no they have no legal basis for doing this.

Thanks for the responses!
So my back to back shift is a one off, so I guess that's fine? But the no break thing isn't?
We don't have a union, I'm not part of one and honestly I have no idea how it works.
I'd love to quit this job but at the moment I can't find another job that would fit around my childcare.

It's not a burger chain, but it is a well known chain. Currently the whole company is struggling to employ staff, people are leaving and we can't get new people in to replace them, this means the shifts are already short staffed and so even less chance of a break.

What do I do? When I've said something to my manager about breaks they just say that managers don't get them or take them before you open etc. But unless I come in earlier than my rota'd shift, this isn't possible, and definitely not possible in a closing shift. This company really doesn't care about it's staff, but things are getting worse and I'd like to know if there's something I could do.

If you are in the UK you can join a union. It doesn't have to be a specific one but it's best to join one that knows your industry if possible.
Google UK unions and your industry for a list.

You can't opt out of the law (bar a few specific situations) just by signing something, otherwise we all would be opting out of Tax, speeding fines etc.

You need to speak to HR and your union, if you aren't in one, join it now.

How on earth can you take a break before your shift starts? That’s not a break! The whole point if a break is a rest between periods of work! They sound like idiots.

Have a look into union membership.

It's illegal but very common in retail and in hospitality - it's one of the main reasons I left retail and would never go back.

It's horrendous how badly people are treated and then they wonder why they can't never find or retain staff 🙄

It's appalling practice and you're not exempt from the working hours rules. The hospitality industry is notorious for treating staff like shit, and this doesn't surprise me at all.

You can join a union as an individual member. Unite has a lot of members in hospitality and you can join online.

How long have you worked for them, OP?

Your break can't be later than 6 hours in so if you start at 8 the very latest your break can be is 2 you can't get break at start or end of shift but it doesn't have to be half way ,have you been there 2 years as you have more rights if you are an employee manager or no you have these rights but you can't regularly be finishing at 11 and starting again at 6

Keep a record of each shift where you were unable to take a break or your break was interrupted. Once you have done this for 2-4 weeks, then email your manager and HR and advise that under WTR you are entitled to a 20 minute rest break. However, as they can see from your records because you are the only person with an authorisation card in that location your breaks are constantly being interrupted.

Refer them to the Crawford vs Network Rail EAT you are entitled to a continuous 20 minute break once you have worked 6 hours. http://www.bailii.org/ew/cases/EWCA/Civ/2019/269.html.

Suggest that one team member is appointed deputy and for your 20 minute break they are authorised to hold the authorisation card. A log where they sign for the authorisation card and you sign for it back with timings will ensure any issues with misusing the authorisation card can be attributed to the correct person. The alternative is if there is more than one manager present you cover each other’s breaks.

@LakieLady I have worked for them almost 8 years, but technically only 4 as the first 4 years I used to work abroad for the summer. I would leave en of April and return end of October. They would re-hire me as soon as I got home.

@coffeecupsandfairylights yes! We are struggling really badly for staff, and my store has had 6 people leave in the last 2 months.

@TeacupDrama I've just recently been transferred to this store, although it wasn't my decision I was just told, so I'm not sure if the back to back shifts are common practice. So far this is the first time but I see that other managers often get back to back shifts and say nothing.

@Crazylazydayz this is a good idea, I will definitely suggest this! Thank you

@BeaAndTiscuits it was the same when I worked in retail - the conditions were shocking and they wondered why basically everyone left over the course of a year and they had to train up a whole new team of staff.

I occasionally nosy on their company website and they're still struggling and keep advertising the same positions over and over again, lol.

I don't know what the answer is really - I keep seeing MN posts where hospitality and retail is crying out for staff but it's hardly surprising given how they're treated.