Employment law regarding work breaks.

Discussion in 'Employment & HR' started by Krillarbran, Aug 19, 2018.

  1. Krillarbran

    Krillarbran UKBF Newcomer Free Member

    3 0
    Hello all. I have been employed by a company for a number of years as a cashier and a potential problem has been niggling me for most of that time. I have not challenged the problem because I had been unemployed for a while previous to the employment and have previously had no wish to get to that position again by making 'waves' within the business. So here is my problem.
    My employer is classing all our staff as lone workers and as such we are essential to keeping the business running, therefore have no rights to a break. We all work 8 hours per shift and I personally am working full time (8 hours/5 days a week). During the AM shift, 6am-2pm, there are a minimum of 3 staff members on site, the site supervisor/manager, a cashier and a forecourt attendant (I work in a petrol station). During the PM shift, 2pm-10pm, there is a minimum of 1 member of staff, the cashier plus a 2-4 hour overlap of a forecourt attendant. None of us have a break or are receiving any kind of compensation for this.

    Is this lawful? Are there exceptions to the law regarding breaks and lone workers? Does my situation apply to any of the exceptions, if any? If an exception is qualified for my situation would that also include the AM shift where there are other staff members on site? Thank you to anyone who takes the time to read and/or reply to this thread.
     
    Posted: Aug 19, 2018 By: Krillarbran Member since: Aug 18, 2018
    #1
  2. Scalloway

    Scalloway UKBF Legend Free Member

    14,597 3,117
    Posted: Aug 19, 2018 By: Scalloway Member since: Jun 6, 2010
    #2
  3. Krillarbran

    Krillarbran UKBF Newcomer Free Member

    3 0
    Thank you for replying Scalloway. I have read this before but I can't come up with a definitive answer using this information. I am trying to figure out if what my employer is doing is lawful and wish to ensure I am absolutely correct before I start making grievances.

    I see my job or lone working does not come under the 'Exceptions' list, but some points in the 'Compensatory Rest' section makes me think otherwise.

    1. 'Workers may be entitled to ‘compensatory rest’ if they don’t have the right to specific rest breaks.'
    So is this statement is saying I should ignore the whole 'Compensatory Rest' section if my job does not come under the list of 'Exceptions'?

    2. 'there is an agreement between management, trade unions or the workforce (a ‘collective’ or ‘workforce’ agreement) that has changed or removed rights to these rest breaks for a group of workers.'
    In my contract it makes it out to say that as a lone worker I am not entitled to rest breaks during a shift, no discussion. Does the above statement from the 'Compensatory Rest' section apply to this, seeing that I have agreed to my contract as a whole?

    3. 'the job needs round-the-clock staffing so there aren’t interruptions to any services or production (eg hospital work)'
    Does this statement from the 'Compensatory Rest' section apply to my job?

    Sorry for all the questions. The whole article on the gov.uk is a bit confusing to me due to working breaks and rest breaks between working hours being merged into the same article. Thanks again for any replies.
     
    Last edited: Aug 19, 2018
    Posted: Aug 19, 2018 By: Krillarbran Member since: Aug 18, 2018
    #3
  4. Newchodge

    Newchodge UKBF Big Shot Free Member

    11,519 2,964
    First join a union. Then ask them to deal with iot as a whole as your employer is breaking the law.
     
    Posted: Aug 19, 2018 By: Newchodge Member since: Nov 8, 2012
    #4
  5. Krillarbran

    Krillarbran UKBF Newcomer Free Member

    3 0
    thank you for the reply. I shall take this into consideration as I move forward.
     
    Posted: Aug 20, 2018 By: Krillarbran Member since: Aug 18, 2018
    #5
  6. fisicx

    fisicx It's Major Clanger! Staff Member

    29,937 8,796
    OK...
    So you are not a lone worker then.

    A lone worker is someone who doesn't have close supervision or management (a courier for example). Just being on your own does not make you a lone worker. As there are others in the vicinity during your shift they can cover while you have a break.

    Ask to see the lone worker risk assessment. Also note that your supervisor should be making regular visits/checks during your shift and you should have had specific lone worker training.

    Except you aren't a lone worker.
     
    Posted: Aug 20, 2018 By: fisicx Member since: Sep 12, 2006
    #6
  7. Jeff Nev

    Jeff Nev UKBF Regular Free Member

    219 24
    This really would be the most worthwhile option, GMB is open to general workers.
     
    Posted: Aug 22, 2018 By: Jeff Nev Member since: Nov 14, 2013
    #7