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Is my employer bullying?

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  • Is my employer bullying?

    I work an 8hr shift each day so from what I've read online I am entitled to a 20min break at some point during the shift, my employer says I can only have 15mins? The break is a paid break so they have told me today I am not allowed to leave the site, I've worked there over 10yrs and have always been able to leave site for a quick walk, as I said its a paid break so I guess they are allowed to do this? Anyway, I work on an engineering shop floor BUT the office staff (including directors and the company owner) like to go to a pub next door for an hour on a Friday afternoon (4:00pm-5:30pm) and drink alcohol during work time which is not even in a break time?!

    So basically because I am a manual worker I am not allowed to do these things but those who are office workers are allowed, is that actually OK? Personally I see it as discrimination as the rules are different between those who sit a desk and those who work on a shop floor.
    Tags: None

  • #2
    Re: Is my employer bullying?

    Work that puts health and safety at risk

    An employer should give an employee enough breaks to make sure their health and safety isn’t at risk if that work is ‘monotonous’ (eg work on a production line).
    Domestic workers in a private house (eg a cleaner or au pair) aren’t entitled to rest breaks for health and safety reasons.

    Rest breaks at work


    Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day.


    Taking breaks

    Employers can say when employees take rest breaks during work time as long as:
    • the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
    • workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)

    It doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished.
    Unless a worker’s employment contract says so, they don’t have the right to:
    • take smoking breaks
    • get paid for rest breaks


    Disputes

    Workers who can’t take or aren’t allowed rest breaks should speak to their manager informally.
    Get more information for employees who want to raise a grievance or advice for employers on handling grievances if there is a disagreement about restbreaks.

    Workers can also get advice on rest breaks from the Acas helpline.

    https://www.gov.uk/maximum-weekly-wo...hours/overview
    Don't let them grind you down

    Comment


    • #3
      Re: Is my employer bullying?

      Thanks but I've already read all that, just wondering whether or not they can discriminate so strongly just because some workers are manual workers and some are office workers?

      Comment


      • #4
        Re: Is my employer bullying?

        [MENTION=44597]vanman[/MENTION] is correct - a 15-minute rest break is not sufficient. Your employer can insist you don't leave the site (as the rest break is paid); however, the rest break should be taken away from your normal work station/environment.

        I don't know if you can make a claim of discrimination but I would certainly consider raising a grievance about office staff taking more rest breaks than other employees.
        Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

        Comment


        • #5
          Re: Is my employer bullying?

          Thanks but a grievance won't go anywhere as among those who take extra breaks to leave site and go to the pub are company directors and owners.

          Comment


          • #6
            Re: Is my employer bullying?

            Thanks [MENTION=67791]RipGroove[/MENTION] - TBH that doesn't matter. The purpose is to show you have taken reasonable steps to resolve the issue internally before moving to the next stage.

            - Matt
            Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

            Comment

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