Breaks at work query.

[Rover620ti]

Hi

Just wanted some advice in regards to an issue at work. This is more for my colleagues then it is for myself as I am moving on soon. Anyway I work at a convenience store that also has a post office attached. Not everyone is post office trained so occasionally we have to close the post office side of things whilst on our breaks. We have now been told that this isn't allowed and that we must keep it open and if someone comes to use the post office we must clock in, serve them and then clock back out. I suppose what I am trying to ask is legally we are allowed a 20 mins (30 mins unpaid here)uninterrupted break so does this contravene that ?.

I appreciate any replies.

[Rover620ti]

MrsMiggins said:

Sounds like they're taking the piss. I take it a shift is more than 6 hours?
What would happen if you restarted your break each time you were interrupted?

A shift is 8 hours normally. It's frustrating because restarting means a 30 minutes break can take up to 2 hours and we only get busier at this time of year.

[Rover620ti]

KrazyIvan said:

Are you talking 30 minutes for lunch or 20 min smoke breaks?

No one here smokes so it's more of a lunch break.

[Rover620ti]

Chester draws said:

You're asking if having your break interrupted contravenes your right to have an uninterrupted break??

When you put it like that it sounds obvious. Would I be right in assuming that they can't ask this of us then ?. I've never been the type to worry about all this, I just get on with it but my outlook has changed recently.

[Rover620ti]

condor said:

You mention you work at a convenience store - does that close at 10pm? If you decide to claim your full lunch break 30 mins, would that mean your employers might extend closing time to 1030pm?

Up until 13 months ago we weren't paid for any time past 10 even though they specifically forbade us from picking the tills up before 10. That meant an extra 15 minutes each day where we weren't paid. That's now changed but I can't see them allowing an extra 30 mins to be added.

[Rover620ti]

MrsMiggins said:

You need to push back. Ask your boss how they want you to get your 20 uninterrupted minutes. I'm pretty sure if you end up on a break for 3 or 4 hours a day they'll figure out how to sort it.

Being completely honest here but over the years they have gotten away with an incredible amount of mick taking. The reason I put up with it personally is because I was a student and saw the bigger picture. I can see how it would go if I do what you suggested. It will just be a case of threatening disciplinary action etc.

[Rover620ti]

Chester draws said:

Although.... the Working Time Regulations state "postal services" as a special case where the regulations may not apply...

That's very interesting. We aren't employed by the post office so I wonder if that would apply to us or not. I was really hoping someone with a legal background could shed some light on similar cases and what the outcome was. A Google search doesn't bring up specific cases unfortunately.

[Rover620ti]

XCP said:

Looks like a training issue to me. The employer should train sufficient staff so that the PO can be properly covered.

This has been suggested by some. The issue is that the employer provides little to no training due to the lack of hours.

[Rover620ti]

MrsMiggins said:

I did find this article, but IANAL. They are taking the piss though.

https://www.anthonycollins.com/newsroom/ebriefings...

Thanks for that. I also found the following which I believe is relevant. I am going to be presenting it to the manager tomorrow and will update. Hopefully this is where it ends but if it doesn't I've not a lot to lose so will take it as far as I can.
https://www.bpe.co.uk/discover-bpe/why-bpe/insight...

[Rover620ti]

Chester draws said:

Good for you.

If they're happy that your break restarts if interrupted then you don't have (too) much of a complaint. As it seems they're asking you to "stop the clock" on it, less so.

Expecting you to not be paid after 10pm for something they don't let you do until after 10pm is taking the proverbial though!

What has been suggested is that we "stop the clock" rather than restart hence the annoyance. There's a distinct lack of communication from head office to the managers which is why they get away with so much. When an issue such as this arises it's often the ill informed manager that's made the scape goat.This isn't a small company and has many thousands of employees. You would be shocked by some of the goings on that have happened in my five years but that's for another day.

[Rover620ti]

Roo said:

Sounds like a Premier shop.

I don't really want to name my employer as I still work for them but I will say that the company is named after a professional football player.

[Rover620ti]

So it's been an eventful day to say the least. I received an email early this morning confirming a starting date for the new job so I have had to hand in the resignation today. Upon handing in the resignation I still wanted to point out that asking us to work on our breaks wasn't entirely legal. This was followed up with an agressive response from the manager "your lucky you are leaving otherwise you would have seen what would have happened" and general empty threats. I wasn't going to make this a bigger issue simply because I don't need the headache but after the aggressive response I felt I needed to put this on record. A nice chat to the area manager confirmed that my stance was recognised by law and that what was being asked was unenforceable. Having said that I was also told that there was an informal agreement made but when I pointed out that unless an employee had signed out of the WTR then this wasn't binding, he backed down and stated that things will be done to make sure this doesn't happen as regular as it has. All in all its left a very sour taste as this manager came across as the nicest of the bunch that I've had in 5 years of being here(7 managers in that time). I've not worked anywhere else really but I genuinely believe it's got to be one of the worst companies to work for especially considering its size. I thank you all for your responses.