Working Over 6 Hours With No Break

FV2007 · 06-08-2007, 18:48

I have fairly recently began a new job. I am at times required to work over 6 hours without a break.

I know this is illegal as the law states that for every 6 hours of work a 20 minute break is a minimum. I have attempted to raise the issue with my managers at work and they have been basicly on this issue unhelpful.

Who can I complain to officially about working more than 6 hours without a break? Thanks

06-08-2007, 18:59

Do you have a union rep?

Raistlin · 06-08-2007, 19:13

You probably haven't got any chance in hell of getting anywhere with this.

If you can't get them to look after you at this point, and get them to look after your basic rights, then there's little hope for your future employment with them either.

Sorry mate, if I were you I'd have another go at discussing it internally (H&S rep, Manager, Manager's Manager), and then I'd start looking for a new job.

Good luck

Scrubbs · 06-08-2007, 20:34

you can let the hse know... but your boss is going to cotton on when an inspector turns up!

Ramrod · 06-08-2007, 20:46

I'm going to have to report myself!

Scrubbs · 06-08-2007, 20:54

Quote:

Originally Posted by Ramrod

I'm going to have to report myself!

I think standing meditation and holistic breathing is classed as at least a virtual tea break

Chrysalis · 06-08-2007, 23:08

in todays employment market you are unlikely to get anywhere, you could grass the company up but you will likely be sacked for it so no personal gain other then revenge. The way they probably see it is anyone that maons can swiftly be replaced plenty of workers out there.

danielf · 06-08-2007, 23:19

Quote:

Originally Posted by Ramrod

I'm going to have to report myself!

Six + hours of solid patience playing. I can do that

Anonymouse · 07-08-2007, 00:50

Obviously losing your job would suck, but if your employers aren't going to respect your rights under the law, they don't deserve to have you working for them. Report them and be damned - they're the ones breaking the law. Unfortunately you have to have worked at a place for a minimum of a year to claim unfair dismissal - which I have never agreed with because if the dismissal's unfair when you've been there a year, it's unfair from day one - but you might still be able to get legal aid of some sort, because they're clearly in the wrong.

Under the terms of the Health & Safety at Work Act (1974), it is not and cannot be a sacking offence to report an employer who is in breach of said Act. That's the whole point of the Act.

Stand up for your rights. Take a break when you're legally entitled to. If any manager objects, point out - loudly, so other staff can hear you and you've therefore got witnesses - your legal rights. If they still object, or threaten disciplinary action, tell them you'll take legal action if they do.

And take legal advice anyway; there are several solicitors these days who give free consultations about this sort of thing; a good bet is Fieldings Porter. I once had a git who tried to stiff me for three weeks' salary when my contract of employment clearly stated that a month's notice from either party was required - he tried to get away with paying me a week in lieu of notice. I went to Fieldings Porter; they said it was open-and-shut, and advised me to contact ACAS. I did. It never got to arbitration; I got the three weeks' salary they owed me. Net cost to me in legal fees: zip.

If for no other reason than your own self-respect, don't just let 'em get away with it. Despite everything Would-Be-Queen Thatcher, Major Disaster and Bliar have done to employment law, workers in this country still have rights. This is not the nineteenth century, whatever employers may think!

Let us know how you get on. Good luck.

FV2007 · 14-08-2007, 14:01

Reported. What will happen now?

Taf · 14-08-2007, 15:03

Wait for your boss to sack you for any other reason apart from reporting him I suppose... then go for an industrial tribunal...

The Jackal · 14-08-2007, 15:08

Tricky thing is that when working in front of a PC/monitor health and safety say your are are supposed to take a break every hour or 2 - I can't remember what it was exactly but it was a ridiculuosly short period working in front of a VDU before requiring a break.

Stuart · 14-08-2007, 15:12

Quote:

Originally Posted by CrC-3rr0r

Tricky thing is that when working in front of a PC/monitor health and safety say your are are supposed to take a break every hour or 2 - I can't remember what it was exactly but it was a ridiculuosly short period working in front of a VDU before requiring a break.

However, they don't say that you have to be away from your job, as long as you don't do something VDU based in that "break time". Doesn't help much if your job is exclusively VDU based..

The Jackal · 14-08-2007, 15:22

Quote:

Originally Posted by Stuart C

However, they don't say that you have to be away from your job, as long as you don't do something VDU based in that "break time". Doesn't help much if your job is exclusively VDU based..

What sit and look at the floor ?

I guess this is the only instance where smoking was able to drag me away from my desk.

To the OP were you told be at your post for 6 hours straight or were you too shy to ask for a break - I'm sure your employer didn't force you to do those hours straight. Reminds me of the first few days here... Too much work to do that I missed lunch for the first few days in a row.

Shaun · 14-08-2007, 15:33

Surely it would have been easier for them to stick a new HDD in - it's cost them Ã‚Â£20 or Ã‚Â£30 quid but they'd keep their customer.