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Working alone - can I close the shop to take a required unpaid break?

9 replies

PineappleTits · 07/07/2019 13:31

Hello im hoping someone can help me as I am not sure where I stand!
I work alone often in a small kiosk so the only customer access is the window, which I close and lock if I need to go the toilet. If I work a shift over 8 hours my employer requires me to take an unpaid 1 hour break.

I argued last month that during these 10 hour shifts I was unable to take a break as I am working alone, just because I don't have a customer doesn't mean I can have a break, it's very rare there is a full hour uninterrupted, besides I would like to go out and do my shopping or get some dinner/fresh air on my break.

They refused to budge and pay me as it was stated in the contract I must take a break. Ok fair enough.

So my question is, would I legally be allowed to close the kiosk for an hour to leave the premises for my unpaid break that they say I have* to take? I've tried googling but I can't find anything about being allowed to close the shop.* I refuse to work for free but I also don't want to put myself in a vulnerable position by shutting, I am 8 weeks pregnant and really need the SMP Sad

If you got this far then ThankyouSmile

OP posts:
wafflyversatile · 07/07/2019 13:36

I dont understand your question or why you are asking us not your boss. They say you have to take a break so take the break. They must understand that you will have to shut the shop to do that if you are on your own. Do you normally work with someone else?

purpleme12 · 07/07/2019 13:40

I had the same thoughts as above. Just have a break. How can they not know you need to shut. So shut it while you have a break

LonginesPrime · 07/07/2019 13:41

Your employer is telling you to shut up shop for an hour and take a break - who would you get in trouble with if you did what your employer said?

On a practical note, can you not do what most people do and put a sign up saying you're closed for lunch and back at 1pm (or whenever)?

LIZS · 07/07/2019 13:43

Legally you should take a 20 minute minimum break if you are working 6 hours or more. There ought to be a lone worker policy in place.

BernadetteRostankowskiWolowitz · 07/07/2019 13:45

Just text or email the boss "Hi Just to confirm on 8 hour shifts I will be closing the shop for one hour to take my break. Is there a specific time you would like me to aim for? Obviously I will serve all customers present before I start the break, so it may be a little later than scheduled. Shall I jot my timings in a notebook for you?"

slipperywhensparticus · 07/07/2019 13:46

Did your employer state you cant close the window? Or leave?

BernadetteRostankowskiWolowitz · 07/07/2019 13:46

Yes you should have a Lone Working policy and probably some lone working training too. Do you have a working alarm/panic button?

arewethereyetmum78 · 07/07/2019 13:51

I think I get what you are meaning. Your employer wants you to take an hour 'unpaid' break but expects you to keep the kiosk open during this time, meaning that effectively you'll need to jump up from your break to serve if a customer comes along. I used to work in a pub that expected me to get up from my break to serve even if I was on 12 hour shifts (only got 20 minute break!). Technically if you aren't paid for your break then you are able to walk away for the full hour. However it doesn't sound like this is what your employer expects you to do. Tough one to sort though without rocking the boat esp if you are pregnant and need the job for smp

flowery · 07/07/2019 17:56

Your employer is insisting you take an hour break. They obviously know you can’t do this and serve simultaneously. There is no law you’d be breaking by shutting up shop. Just check with your employer what time they want you to shut.

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