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Break Times

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  • Break Times

    Hi there guys.

    So about three weeks ago, I started a new job as Deputy Manager of a small stationary store in Bath, in the South West.

    I was looking forward to it until I asked on my trial how breaks work, as I will (and am currently) be working alone in the store. I was told that we have to bring lunch and try and eat when it's quiet. Now, usually this is possible - with the odd customer coming in during me trying to eat my apple, but on the weekends, it's really hard to do it.

    So I went and had a look online, turns out, if I am right, that I am entitled to a TWENTY MINUTE UNINTERRUPTED BREAK for working anything over six and a half hours?

    My question, as a result of this, is does this count as uninterrupted? I really don't feel it is, I really don't feel it's fair, and being a Type 1 Diabetic, I really don't feel it's going to end well for my health.

    Further more, during the interview and trial, they didn't actually ask me once if I had a disability or considered myself to have one. Only when I'd been there for about a week, they asked me to fill in the application form, so that they could pay me, only on there does it ask (As you would expect)

    I just feel we should be allowed to close for 20 minutes during a quiet period of the day, to get out of the shop and get a breather.

    Any advice would be greatly appreciated!
    Tags: None

  • #2
    Re: Break Times

    Being Diabetic Is not a disability!


    • #3
      Re: Break Times

      What are the opening times and where is the Manager during these times?

      As Walesman says, diabetes is not classed as a disability.
      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.



      • #4
        Re: Break Times

        Also, might I add politely, I didn't state it was a disability. I stated that they didn't ask me if I was, or CONSIDERED myself to be. So I may, if I wish, consider it to be.


        • #5
          Re: Break Times

          The opening times are as follows, Mon - Fri 9:30-6, Sunday 11-5

          I am/will be the manager. My area managers are all around, and can be anywhere, including places like London.

          At the moment I am the only available member of staff, as my area manager who is local is now off sick. Which means I will be working constantly until cover can be found, or he recovers.


          • #6
            Re: Break Times

            I have to ask .Are there times of the day when there are no customers in the shop for say 20 minutes if so I expect it would not be at lunch time which I would think is the busiest time for most shops?
            Are their any other staff there who can take over while you eat . A business needs customers to survive and in certain retail sectors tea and lunch breaks are somewhat hard to come by .
            As for the Diabetes my wife and I both have this and with proper medical care its controlled may I respectfully suggest you chase up ypur surgery for the help to get your Bloods right


            • #7
              Re: Break Times

              There can be times where there are no customers in the shop, obviously as you say, not during the lunch period really. There are no staff available to cover for me, sadly. It's only ever one in at a time between 9:30-6 (Arriving at work at 9:10 to take 'clock in' calls from other stores).

              I understand that a business needs it's customers to survive, as I have been in retail for around eight years now. However I also understand that staff need their time, and I don't feel under this format that this is always possible, which is the foundation for my seeking advice before taking it up with Head Office. Essentially sussing if there is a violation any where.

              As for Diabetes, yes, it's all controlled just fine - I've been a diabetic for just over a decade now. I just worry that over a busy day, such as the weekend, where foot fall is high, that I may risk letting my blood sugar drop by not taking time to eat properly, it has happened to me before leading to a seizure (Although when picked up by Paramedics, my BS was 3.1 - low, but not low enough to have caused a seizure, so I can't hand on heart say Diabetes was the soul reason for the seizure, however brain scans, amongst other tests, found nothing)


              • #8
                Re: Break Times

                You are stuck between the Devil and the deep blue sea a little the owner needs you to be available at all times and expects you to grab food when you can and you need time to do this a compromise is needed here but that seems difficult
                Hope fully there is someone on here who can offer a solution but with you being on your own its a problem lets hope it can be sorted.
                I must add if at any time you must eat to control your Bloods ignore everything else and do it your health comes first.


                • #9
                  Re: Break Times

                  What happens, if you need, what I think is known as a comfort break urgently, I guess you would put up the closed sign.

                  Not strictly legal, but sometimes we have to make a compromise, jobs are hard to come by. I think you have to decide if the benefits of this job are worth excepting the conditions. If you don't, then I'm sure someone else will.

                  I know it's not right. but sometimes we have to act as if we own the business and want it to survive.

                  Possibly, the legal route would be to determine a set break time and close the shop. However this wouldn't work.

                  Don't get me wrong, employment law is a good thing but at times it can hurt the small organisations and we don't live in a perfect world.


                  • #10
                    Re: Break Times

                    I disagree that being a Diabetic is not a disability. Diabetes falls within the scope of DDA, and if you want case law (though not relating to food/breaks) then search for Clark vs Newquest Media (Southern) Ltd.


                    • #11
                      Re: Break Times

                      Can I claim DLA then send the forms over Please


                      • #12
                        Re: Break Times

                        As I understand it,diabetes is not an actual disability, but it is a manageable chronic illness.
                        The condition can lead to disability though.
                        Diabetes in itself is not sufficient reason to be awarded DLA (so don't bother filling in the forms Wales, use your time more productively in the allotment


                        • #13
                          Re: Break Times

                          I am sure you are aware Wales that DLA is awarded on a points basis. If you don't score enough points (for what ever reason) does that mean a person has no disability?

                          There are several medical conditions that fall within the scope of DDA, but that doesn't mean to say DLA will or can be awarded.

                          It is a pretty narrow view point to assume that because a person is not entitled to DLA, that they have NO disabilities.


                          • #14
                            Re: Break Times

                            I asked if I can claim DLA with Diabetes as it was posted on here that being diabetes is a disability I never mentioned any other problems


                            • #15
                              Re: Break Times

                              Probably not as an adult. However, a child (or parent of) can claim DLA on he basis that a child would need supervision with medication etc.

                              However, as previously stated, not being awarded DLA doesn't mean that a disability does not exist. Diabetes falls under DDA with regards to employment, which I believe was he original question.


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