Working hours

Author
Discussion

Jasandjules

69,867 posts

229 months

Friday 3rd July 2020
quotequote all
I shall just leave this here for consideration...

https://www.hse.gov.uk/contact/faqs/workingtimedir...

xx99xx

1,910 posts

73 months

Friday 3rd July 2020
quotequote all
gazza285 said:
syl said:
gazza285 said:
What law is that then?
The Working Time Regulations 1998
The Working Time (Amendment) Regulations 2003

29.—(1) An employer who fails to comply with any of the relevant requirements shall be guilty of an offence.

The employer must give the worker the entitlement to the rest break, whether or not the employee choses to take it.
That is what I have been saying, the employee has the choice. What law will the employer be breaking if the worker chooses not to have a break or day off?

syl said:
You’re right, the worker can chose what he/she likes, however the employer will be breaking the law whatever the worker’s choice even if he/she has signed an opt-out in triplicate.
But it sounds like the employer hasn't offered the extra breaks or days off for the employee to turn them down.

gazza285

9,806 posts

208 months

Friday 3rd July 2020
quotequote all
xx99xx said:
gazza285 said:
syl said:
gazza285 said:
What law is that then?
The Working Time Regulations 1998
The Working Time (Amendment) Regulations 2003

29.—(1) An employer who fails to comply with any of the relevant requirements shall be guilty of an offence.

The employer must give the worker the entitlement to the rest break, whether or not the employee choses to take it.
That is what I have been saying, the employee has the choice. What law will the employer be breaking if the worker chooses not to have a break or day off?

syl said:
You’re right, the worker can chose what he/she likes, however the employer will be breaking the law whatever the worker’s choice even if he/she has signed an opt-out in triplicate.
But it sounds like the employer hasn't offered the extra breaks or days off for the employee to turn them down.
That is what the OP's girlfriend needs to discuss with her employer. There is nothing illegal about him opening the salon for those times, and nothing illegal about him asking the girls to do those hours, or the girls working them, that was my point.

If she is on a zero hours contract, then she does not have to work any of the hours that are offered to her, zero hours works both ways.

syl

693 posts

75 months

Friday 3rd July 2020
quotequote all
gazza285 said:
syl said:
gazza285 said:
What law is that then?
The Working Time Regulations 1998
The Working Time (Amendment) Regulations 2003

29.—(1) An employer who fails to comply with any of the relevant requirements shall be guilty of an offence.

The employer must give the worker the entitlement to the rest break, whether or not the employee choses to take it.
That is what I have been saying, the employee has the choice. What law will the employer be breaking if the worker chooses not to have a break or day off?

syl said:
You’re right, the worker can chose what he/she likes, however the employer will be breaking the law whatever the worker’s choice even if he/she has signed an opt-out in triplicate.
The employer has to give the employee the entitlement.

With maximum hours, the employee can sign an opt-out and has to give three months (I think) notice to get the maximum hours limit back in play. With rest breaks, the employee could say he doesn't want them, but at half past three in the afternoon he could change his mind - and he is entitled to do so.

0ddball

861 posts

139 months

Friday 3rd July 2020
quotequote all
gazza285 said:
If she is on a zero hours contract, then she does not have to work any of the hours that are offered to her, zero hours works both ways.
Are you on some kind of spectrum and don't understand how human beings work? There are box ticking legal obligations, and then there is what actually happens in the real world. If she's on a zero hour contract, she basically has to do exactly what her employer say, when he says. The minute her face doesn't fit, her life will be hell.

Why do you think these scummy employers prefer to employ on a zero hours basis? It certainly isn't for the benefit of the employee.

gazza285

9,806 posts

208 months

Friday 3rd July 2020
quotequote all
0ddball said:
gazza285 said:
If she is on a zero hours contract, then she does not have to work any of the hours that are offered to her, zero hours works both ways.
Are you on some kind of spectrum and don't understand how human beings work? There are box ticking legal obligations, and then there is what actually happens in the real world. If she's on a zero hour contract, she basically has to do exactly what her employer say, when he says. The minute her face doesn't fit, her life will be hell.

Why do you think these scummy employers prefer to employ on a zero hours basis? It certainly isn't for the benefit of the employee.
If he doesn't give her the option to not work, then he is in breach of contract. I know how some people work, and I wouldn't work for such people, which is why my first post advised going mobile. While I do not have that many hairdressers in my social circle I do have a few, and I do know that non have regretted going mobile.

xjay1337

15,966 posts

118 months

Friday 3rd July 2020
quotequote all
I would tell them to get stuffed, OP.

21 days consecutive work is a no go.

Is your wife/partner at a point where she could go freelance and offer cuts at home. That'd be much more comfortable, surely.

The "boss" sounds like a tt.

If it were me and I was him, I'd say "right girls what can we do..?" i wouldn't demand that on return to work you suddenly work an extra 14-18 hours per week.

benm3evo

Original Poster:

383 posts

181 months

Monday 6th July 2020
quotequote all
Update from the weekend, bit of an anti-climax.

She didn't get to have an 'official chat' with her boss, other than to pass a comment saying she needs to speak to him as there's no way she'll be able to to the advised hours, to which he pretty much ignored apparently. But anyway.....

It doesn't appear that it's going to be as bad as she thought. They shut the shop at 18:00 on Saturday (which was actually earlier than usual!) as there were no customers. She didn't get a break all day but it's probably more down to her not asking.

Sunday they did 11:00 - 17:00, which are usual hours.

So, it looks like it's pretty much the same as usual except no day off for a 2 or 3 weeks but she can cope with this as long as they aren't 11 hour days.

I'm still going to encourage her to look into the mobile option, or at least moving on somewhere else.

Thanks for all the replies.

Cheers,
Ben


Chris32345

2,085 posts

62 months

Monday 6th July 2020
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Lord.Vader said:
Surely you are outside the European working time directive and that is not enough breaks.

For a 11 hour day I would expect a minimum of 30 minutes lunch plus two 15 min breaks, also what is her commute time as you should have a minimum 11 hours rest between working.

To put it bluntly I’d tell him to pay an extra 20% or FRO.
You'd expect 3 break's on a 11h shift 😮
I've worked 12 hours several times and only get a 30min and 15 min

GT03ROB

13,262 posts

221 months

Monday 6th July 2020
quotequote all
xjay1337 said:
21 days consecutive work is a no go.
Why? It won't kill anybody & most have been sat around at home for the last few months.

Whilst the boss maybe making hard demands, there are a lot of people that are or will be looking for work in the near future. this really isn't the time to be telling your boss to FRO unless you know you can walk into something else tomorrow.

gazza285

9,806 posts

208 months

Monday 6th July 2020
quotequote all
GT03ROB said:
xjay1337 said:
21 days consecutive work is a no go.
Why? It won't kill anybody & most have been sat around at home for the last few months.

Whilst the boss maybe making hard demands, there are a lot of people that are or will be looking for work in the near future. this really isn't the time to be telling your boss to FRO unless you know you can walk into something else tomorrow.
Fifty nine 12 hour night shifts is my record, things were getting a bit fuzzy round the edges though, but I was earning too much money to stop. I was doing three hours commuting as well. Not something I want to do again.