Why do we accept having no breaks at work

[Mrsblobby12]

I work part time in residential care and I am very close to putting my notice in. I'm there about 25-30h per week and another 10h of my week is ad hoc work.
I am sick to death of not getting a proper break on shifts.
For a start care staff aren't entitled to the 11 hour rest break between shifts, so I got home at 11pm and had to be up again at 6:30.
Had things to sort out when I got in so got under 7h sleep.
We were down one staff member and couldn't get anyone else to cover so we had almost 40 residents to 3 care assistants.
Apart from wolfing down a quick bite to eat and going to the toilet twice I haven't had a break in 8 hours, yet I was only paid for 7, this is standard.
It's the usual problems, underpaid, under staffed. Even if you do try to sit down, the door goes, the phone rings, someone's asking you for something, and so on.
I don't know if it's related but I had a pounding headache at the end of my shift, I came home and vomited.
Also it's a very small home and absolutely everything is still on paper unlike many homes, so it can take a couple of hours to fill everything out due to constant interruptions.
This is the case on most shifts.
Does anybody else not get a break at work? Why do we accept it?
I can't cope anymore and it's not a healthy way of Working.

The more people continue to work unpaid time the more it will continue to happen. As a senior manager I ask you to stop doing this and your employers will have to take action.

Police officers have no employee rights either. My husband was regularly doing several hours forced overtime then a few hours sleep before being back in. Often had no breaks. Terrible.

Actually, the 11 hour rest period between shifts can legally be varied if a relevant agreement is in place.

https://www.acas.org.uk/working-time-rules/changes-that-can-be-agreed-on-working-time

Its common to do that in the care industry.

That aside, I appreciate that the day to day reality is that you just can’t take breaks when your residents need care. But it shouldn’t be that way and absolutely should be challenged. The reason care homes get away with it is because everyone just accepts it, so it’s almost become an industry standard. Doesn’t mean that it’s lawful though and could actually be a breach of the minimum wage legislation too if you are working over your hours and not getting paid for them!

That’s because employees of the crown are exempt from a lot of employment legislation.

I find it utterly bizarre that there’s no comeback apart from (mainly) in discrimination cases. Surely our police officers should have more protection, not less!!

I also used for work for a small care home, and this crap was rife.
I was once asked to finish a night shift at 8am, then come back and work 2-10pm. I had my notice in already, so simply said "it's inhumane that you've just asked that of me"

People need to mobilize the unions again. Everywhere is heading into enormous financial depression, and job security is terrible. Employers are taking the piss and the most vulnerable (elderly) are at risk.

Yanbu, it’s not acceptable.

I’m NHS, I never get a break but I’m the manager and always strive to ensure my employees get their breaks. They aren’t paid so they need to take them!

I resent the fact I work minimum 3-5 hours unpaid every week but I do it to ensure standards remain high and people get the care they need. I’m heading for 25 years nursing soon and I know I won’t make 30 years, I will be gone.

Thanks everyone, I really appreciate your support and you've made me see just what a dangerous and unacceptable situation it is.
We had a senior carer on yesterday too but only two on the floor. I am usually a senior carer too but picked up an extra shift as floor staff yesterday because they were short.
Usually as a senior I have to pop and distribute 37 residents' medication on my own

It's disgusting, the amount of profit care homes make should be used for the best care for its residents, so more staff mot less. I have seen first hand how much the high end up employees get, also shares and bonuses. So wrong and unfair. Xx

Also the company is obviously taking the mick, every single one of those residents will be paying several hundred pounds a week to live there, sometimes as much as £800/week,

More likely to be in the region of £1000 a week.

I'd leave the home for my lunch break, even if it meant going & sitting in my car. While ever you are there for your breaks, they will use you. Invent a reason why you have to go out at lunchtime until they get used to you taking your breaks, an important phone call, meeting a friend, shopping or just because you have a headache & need quiet.

Whistle-blow to CQC, give them evidence of what is happening & how low staffing levels are with no breaks. If you factor in working your breaks, is your wage lower than the NMW? If it is, report them to HMRC. It may only be a group of 3 homes, but you can bet the owners are raking in profits & could afford either more staff or to increase your pay.

Very unfair. Fees are thousands a month. I don't think homes can find the staff though, you can't blame people for not wanting the job!

DHs uncle (90) has just gone into a nursing home in Kent. Over £6,000 a month and the food is horrible. Very poor quality.

I'd whistle blow on the staffing basis alone - those levels are inviting disaster.
My setting has 14 residents of varying ages, disabilities, and levels of mobility. We have 8 staff on the early, 7 on the late and 2 wake nights.
Although quite a few of our staff finish at 2200 and back in at 0730, though both mgt and staff say this is a voluntary choice as people prefer a clear 24 hrs away from work rather than a week of earlies and depending on rotas gives 3 days off a week for full time staff.

I don't have a car, and we simply cannot leave. That's what I'm trying to say. It's a massive safety risk. We aren't given a set lunch break. Once everyone is up and had breakfast/tea whatever, you sit and grab some food. If we all went out for a break, who would be looking after the residents or there to answer the door or answer call bells. It's just not possible

You are not allowed to leave the premises.

On wards, you stagger breaks so one person at a time and if they are unpaid you absolutely can leave.

Do you have qualified nurses on shift or is the senior care staff in charge? I would consider raising it with the CQC to be honest. Nearly 40 patients is a huge number and it does not sound safely staffed at all!

There was a staff meeting a few months ago where management said that staff were to be given separate allocated breaks. So they are aware of it, however it's just not happened.
When you are on an evening shift for some reason there is this rule that you have to put absolutely everybody to bed whether they want to or not.
So people get put to bed at 5:30 onwards. Some people do want to go at this time, and if others refuse we cannot take them.
I have got another job but provisional checks could take another 2 months, I don't think I can cope for that long. I have only a week's notice period, I just don't know what I can do for the short interim period before the new job.

The senior staff don't get time for a break either.
If I were to report to HMRC/CQC, could it be done anonymously or would they find out it's me?

This is really wrong.
The pandemic showed us which jobs were important. These jobs deserve proper remuneration and working conditions. It hasn't happened.
I think industrial action might be the only way forward. When we stand together we can make change. As individuals we have little chance.

I could have written this last year. It was horrendous. 40ish residents with a handful of carers, resulting in most people being trapped in their beds 24/7 and quite often left wet for far too long. All it took was the care commission coming in and threatening not only closure, but criminal charges against the millionaire owners.
It only improved when the terrible manager (who drove away most of her staff and made the place well known for being an awful place to work so potential employees avoided like the plague) went on maternity leave as soon as the care commission started getting involved. New, seasoned manager came in, saw the god awful mess and the ex-manager was given a golden handshake because my guess is that she had them by the short and curlies with all the illegal shit either she did herself out of laziness (falsified paperwork) facilitated the owners with or just turned a blind eye to.
New manager employed half a dozen agency staff every day (at £250+ a shift EACH!) to make up the numbers. Eventually new staff trickled in and most stayed because it was no longer a hellhole the new starts would work one shift in and run away screaming.
Gradually local, permanent workers replaced all agency and they're only there on occasion now. To make up for local avoiding the place, they also employed staff from other countries who moved with the job.

It's now fully staffed, staff have actual training legally required by law, and the residents are taken care of.
We also actually get to take our unpaid breaks.

so glad you have another job lined up

Yes, you can report a national minimum wage breach anonymously online - https://www.tax.service.gov.uk/digital-forms/open/form/pay-and-work-rights-complaint/draft/start?_ga=2.242233985.2018787400.1684747922-706745632.1657301177#1

Thank you!