Work breaks

[BrightSpells]

I work 9am - 5.30 Monday to Friday.

It's a shop and I'm the only person that can serve customers.

I'm paid for 40hrs a week but feel it should be 42.5 as I never, ever get an uninterrupted 30min break. I cannot leave the premises, I have to make sure I watch out and drop everything to serve a customer.

I also have to cash up at the end of the day and usually leave between 5.35 and 5.45.

Am I being unreasonable?

To clarify I'm not the only member of staff but they cannot serve and can't be trained to without a lot of issues due to a language barrier.

Your contract say you are entitled to a 30 minute break, presumably, if your working hours are 9-5.30 and you’re paid for 40 hours.

Legally you are entitled to a 20 minute unpaid break during a shift over 6 hours, and you have to be able to leave the premises.

What happens when you raise this with your manager?

It does not. There's no mention of breaks what so ever. He says take a break as and when I can.

I'm yet to sign the contract.

So what does it say then? Does it say you work 40 hours a week but also state that your working hours are 9-5.30? Therefore it doesn’t add up?

As I say, by law you are entitled to an unpaid break of at least 20 minutes during which you must be able to leave the premises.

Your contract should also “add up” in terms of working hours and start/finish times. I suspect you are “supposed” to have a 30 minute break contractually, if it’s a 40 hour week with those times.

Is it a chain or a small independent?

Legally you are entitled to take at least a 20 minute break during that length of working day. It ia normal for breaks to be unpaid. If you have to shut up the shop so be it. Are you working alone , is there a lone working policy?

They are taking advantage
The other staff member is not pulling their weight and need to step up so you can have an uninterrupted break away from customers
Or ask if you can be paid for the hours you actually work

Whats the point in having another member of staff who cant deal with customers in what must be a small shop? If you are effectively working an extra 45 minutes a day unpaid are you still paid above minimum wage?

Hard to explain without outing myself but it does work re other members of staff. It's just the break issue.

Yes I'm paid slightly above minimum wage.

My contract states I'm to work 40 hours a week and cover an occasional Saturday. There's nothing about breaks or working hours.

It's a franchise.

But if you factor in the non breaks does that take you below nmw? Who employed your colleague, is their role supposed to be equivalent to yours?

@LIZS

Yes it does take it below nmw.

Their role is completely different to mine. Hired by the same person. They can take uninterrupted breaks.

You need to formally complain that you get below nmw due to lack of cover for break periods and that you are unable to take your statutory entitled breaks. Acas would be able to advise how to word it.

My contracted hours have been changed 🙂

To what?

Are you getting your breaks now?

I've done HR for small shops and we had this issue when there was only one member of staff on duty.

Essentially they had to allow the member of staff the option of closing the shop for a lunch break, even if it meant 20 mins of lost trading. Not everyone wanted to leave the premises but the option had to be offered.

Management didn't like it but its the law!

No official break but I will be paid for the hours I actually work which I'm fine with.