Employment Law

[cymruambyth]

My son is working in the bar of a hotel chain. He is working 12 and 14 hour days with virtually no breaks because they never have enough staff. He gets money deducted for half hour breaks even though he is not able to take them.
Can they legally force him to work these hours, can he be forced to work beyond midnight (we live in a rural area, he doesn't drive). They keep promising taxis for 3,30am then refusing because of the cost. Finally, for now, is there a legal gap between shifts.
P.S. he is employed as casual labour, so no contract.

[SXGuy]

Re: Employment Law

Breaks are a legal requirement, if he isnt getting a chance to take them, he should first tell his manager, either he is paid for those breaks he isnt having, or hes having a break and leaving the bar unattended.

HE is entitled to a break, its the law.

Im not too savy on the employment law, but a quick search on the net should find the info you need.

Im 99% certain that you can not be forced to work 14 hour shift with no chance of a break.

I think the fact he has no contract means they are using this to their advantage and taking the royal P.

Casual Workers' Rights

Irrespective of length of service, as an EMPLOYEE or WORKER, you are entitled to the following:

• Paid annual leave during employment irrespective of number of hours worked (however the amount of leave permitted will be dependent upon length of assignment and hours worked per week).
• Payment of any unused holiday upon your employment ending.
• The right to certain weekly and daily rest breaks.
• Statutory sick pay (SSP) dependent upon certain requirements being met.
• The right to be protected against deductions from wages and / or the non payment of wages.
• The right to be protected against discrimination on the grounds of / because of race, sex, disability, age, part-time status, sexual orientation and religion or belief.
• The right to receive the National Minimum Wage (there are certain thresholds dependent on age).
• The right to be protected against any detriment and/or dismissal as a result of making a protected disclosure (commonly known as 'whistle-blowing').

Irrespective of length of service, as an EMPLOYEE you are entitled to the following in addition to those listed above:

• The right to time off work for dependants. A dependent is defined as a spouse (husband or wife) civil partner, a parent and a child under the age of 18. It can also extend to other persons dependent upon the circumstances).
• The right to time off for ante natal care, maternity leave and protection against dismissal for pregnancy.
• The right to receive a written statement of main terms and conditions of employment.

These following rights are in addition to all those above, but apply to EMPLOYEES only and are dependent upon length of service:

• The right to written particulars of employment – at least one month's service is required.
• The right to written reasons for dismissal – at least one year's service is required, although there are exceptions.
• The right to claim unfair dismissal – as above, one or more year's service is required, although there are exceptions. For example, if the reason or principal reason for the dismissal is connected to pregnancy, child birth or maternity or there was a protected disclosure ('whistle-blowing'), one year's service isn't required.
• The right to claim a statutory redundancy payment and to paid time off to look for work when being made redundant – two or more years' service is required to enjoy these rights.
• The right to be paid statutory maternity pay (subject to eligibility).
• The right to be paid paternity pay (subject to eligibility) and receive paternity leave.
• The right to receive statutory adoption pay (subject to eligibility) and receive adoption leave
• The right to request flexible working.

Read more: http://www.access-legal.co.uk/legal-...#ixzz2DtQD8HZX

[MrsD]

Re: Employment Law

Don't know about bars but the Equity insist on minimum 11 hour breaks between shifts.

[Numpty Monkey]

Re: Employment Law

Might be something usefull in these links
I'm a bit out of touch with Employment Law


Rest breaks at work - GOV.UK
What breaks am I entitled to under the working time regulations?
The Working Time Regulations 1998
The Working Time (Amendment) Regulations 2003

HTH

[jon1965]

Re: Employment Law

Give ACAS a call. Smetimes some half decent info

[5corpio]

Re: Employment Law

putting my question here as it relates to Employment Law:

a friend has been off sick with stress/depression since Nov last year (work related and from his best biker friend who hung himself) - my friend is starting to pick up his feet and been in discussion with his employer and its HR in meetings (where he has worked for about 8 years for them - so has been getting full pay) and meeting with his shrink for the last month. he is planning to ease back into work next month but doesn't want to work sundays anymore (he is full time employee, but started after the August 1996 act). he works in retail, is the sunday LAW in the England/Wales still on going? where by you can submit withdrawal notice for working on sundays? 13 weeks notice? and can he put that in writing now before he goes back to work in April?

thank you for help in advance

[Pixie]

Re: Employment Law

I think tastyjane is the one that might be able to help you 5corps.

[tastyjane]

Re: Employment Law

Hi, I've never worked in retail but I'll do some research and get back to you.

Jane x

[5corpio]

Re: Employment Law

thank you, i was more interested if it is worth him putting forward to HR as part of going back to work. ie put in advance before he goes back to work his sunday withdrawal notice? or if you can do that while off sick, or would Human Resources throw that out of the window at him.

any advice feedback appreciated

[julian]

Re: Employment Law

Be prepared.
You need to be clear why you need to take Sunday off before you apply. e.g. religious reasons, family reason, carers not available etc. I have young relatives in NHS and retail who are always on the Sunday rota. Fine if they are paid Sunday premium as it gets them out of bed. Unfortunate if it is the only time you have with family and have no back up for dependants (old, young or ill).
Having had to work Sundays when normal hours M-F I was told I would not be paid at all for those days, nor time off in lieu, I sympathise.

[5corpio]

Re: Employment Law

thanks Julian

it is open 7 days a week retail shop not 24/7 supermarket - but he has no family ties apart from mum dad and brothers, but doesn't live with them but visits at least 3 times a week. Thought you can opt out sundays without it being family/ carers/ religious/ issues? as it is an option.

thanks for heads up