Partner being made to work 6+ hours without a break
Partner being made to work 6+ hours without a break
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ezi

Original Poster:

1,734 posts

215 months

Sunday 15th December 2013
quotequote all
Hi,

Can anyone advise me on the best way to go about this issue? I'm asking about this on behalf of my girlfriend who is too afraid/shy to pursue it herself.

She currently works for McDonald's and is frequently being made to work more than 6 hours without being offered a break. As I type this she is working a 10hr shift 12:30-22:30 and called me at 14:15 in tears because she's being made to take a break early (Due back for 15:00), she took this up with her manager who word for word claims "It's not my problem" and denied her the ability to take a part break with the remainder later.

Another issue frequently occurring with her hours is not being given the required rest period between shifts, they schedule for example:
8pm finish with a 7am start
Till gets taken off at 8pm and employee has to wait around for 10-15 minutes while it is cashed up and logged, employee then gets in trouble for being late the next morning if she has her full 11hr rest priod.

I've had to bite my lip against the McDonald's in question because I recently left there myself and had to jump through hoops to get my legal entitlement to sick pay (SSP) but had left the company recently, because of this frustration I've experienced myself it's put me in half the mind to go and demand an explanation from the store manager because I won't tolerate having my GF ring me in tears due to her treatment at work.

Any help would be much appreciated, we've put up with this for long enough and I'm not just going to watch my GF get beaten down emotionally by her management anymore.

Edited by ezi on Sunday 15th December 16:03

Terzo123

4,730 posts

237 months

Sunday 15th December 2013
quotequote all
Think my record was 26 hours straight without a break, 7 am start finishing at 9am the next day. Managed s few hours sleep then back in to start my back shift 2pm 5 hours later.

I was entitled to numerous breaks during that shift, but if i had taken them i wouldn't have got the job done.

I enjoyed the job so was willing to put up with it.

If your girlfiend doesn't like her job, may i suggest she finds a new one.

530dTPhil

1,419 posts

247 months

Sunday 15th December 2013
quotequote all
Legislation says:

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.

Daily rest
Workers have the right to 11 hours rest between working days (eg if you finish work at 8pm, they shouldn’t start work again until 7am the next day).

Weekly rest
Workers have the right to:

an uninterrupted 24 hours without any work each week, or
48 hours each fortnight

Remember that your GF has the contract with McDonalds and if you go down and demand to discuss naything, they should not discuss her contract with you.

JimmyConwayNW

3,629 posts

154 months

Sunday 15th December 2013
quotequote all
She has a job hasn't she?

That's whats wrong with this country at the minute to many people desperate for loads of breaks and stuff.

Sometimes work is busy you don't get time for lunch. Other days its quiet and you have loads of time.

If you don't like it work somewhere else.

Burrito

1,705 posts

249 months

Sunday 15th December 2013
quotequote all
So she's getting her break, just not when she wants it?

Tribal Chestnut

3,001 posts

211 months

Sunday 15th December 2013
quotequote all
Obviously a sh it place to work and her manager is a tool. Like someone above has said, better off looking for something else.

In the meantime, I think she needs to (try &) be firmer with them.

Tribal Chestnut

3,001 posts

211 months

Sunday 15th December 2013
quotequote all
Burrito said:
So she's getting her break, just not when she wants it?
6 hrs on your feet in MacDonald's, because the manager is incapable or unwilling to 'manage' things properly? From what I've read, the issue isn't with her.

ofcorsa

3,546 posts

272 months

Sunday 15th December 2013
quotequote all
Terzo123 said:
Think my record was 26 hours straight without a break, 7 am start finishing at 9am the next day. Managed s few hours sleep then back in to start my back shift 2pm 5 hours later.

I was entitled to numerous breaks during that shift, but if i had taken them i wouldn't have got the job done.

I enjoyed the job so was willing to put up with it.

If your girlfiend doesn't like her job, may i suggest she finds a new one.
I'm normally of a similar sentiment however its workers exactly like the OP describes that the employment laws should protect. Its a poorly paid (AFAIK) job with little prospects. Employers shouldn't be taking the Piss with employees basic rights. What the OPs OH can actually do other than leave though, I do not know.

twister

1,588 posts

265 months

Sunday 15th December 2013
quotequote all
There's a world of difference between an employee *choosing* not to take their breaks, and an employer who ignores the law and doesn't give their employees that choice in the first place. Particularly if its happening regularly, as seems to be the case here, and not just once in a blue moon.

TPS

1,860 posts

242 months

Sunday 15th December 2013
quotequote all
JimmyConwayNW said:
She has a job hasn't she?

That's whats wrong with this country at the minute to many people desperate for loads of breaks and stuff.

Sometimes work is busy you don't get time for lunch. Other days its quiet and you have loads of time.

If you don't like it work somewhere else.
Yeah your right.

I mean how out of order for her to want her employer to comply with the law.

There is a reason for 11 hour rest periods.

Rubin215

4,200 posts

185 months

Sunday 15th December 2013
quotequote all
JimmyConwayNW said:
She has a job hasn't she?

That's whats wrong with this country at the minute to many people desperate for loads of breaks and stuff.

Sometimes work is busy you don't get time for lunch. Other days its quiet and you have loads of time.

If you don't like it work somewhere else.
That's what's wrong with this country; wkers like you who think everyone should put up with being treated like st just because someone pays them for it.
With the majority of people classed as living in poverty in the UK now actually being in employment rather than being on benefits, it says a lot about our society and our attitude towards low-paid employment.

If work is so busy that there is no time for lunch, then the employer either needs to take on more staff or take on less work. I don't think McD's would go out of business overnight if they did...

Burrito

1,705 posts

249 months

Sunday 15th December 2013
quotequote all
Tribal Chestnut said:
6 hrs on your feet in MacDonald's, because the manager is incapable or unwilling to 'manage' things properly? From what I've read, the issue isn't with her.
Or she's covered the busy lunch period, has a break before preparing for evening rush and close down.

It's not ideal, but it's not the end of the world.

TPS

1,860 posts

242 months

Sunday 15th December 2013
quotequote all
ezi said:
Hi,

Can anyone advise me on the best way to go about this issue? I'm asking about this on behalf of my girlfriend who is too afraid/shy to pursue it herself.
I doubt there is anything you can do about the break times.
The 11 hour break is a concern that should be addressed or taken up with head office.

Sadly if he breaks are a problem then it's time to look for a new job in my experience.

Streps

2,457 posts

195 months

Sunday 15th December 2013
quotequote all
I've had similar experiences myself after starting a new job.
Working until half 10 for 8am start the next day is not fun.

They say i'm entitled to a half hour break (but the culture to have a "working lunch")
i.e be expected to eat sandwiches whilst on reception has really annoyed me.
Management then moan for having sandwiches hidden away on reception as it's unprofessional....

So i'm ready to get out quick.

ezi

Original Poster:

1,734 posts

215 months

Sunday 15th December 2013
quotequote all
JimmyConwayNW said:
She has a job hasn't she?

That's whats wrong with this country at the minute to many people desperate for loads of breaks and stuff.

Sometimes work is busy you don't get time for lunch. Other days its quiet and you have loads of time.

If you don't like it work somewhere else.
I know right, how dare her want to exercise her legal rights with one of the largest employers in the world?! What a bh. I guess what she should do is drop her final year of University just so she can get a full-time job elsewhere who are prepared to follow their legal obligations?

For part time staff it isn't as easy as finding something else, and for a company the size of McDonald's to not follow the laws of the land based on "Not having enough staff" is a joke.

To those who have been helpful so far, thank you smile

Tribal Chestnut

3,001 posts

211 months

Sunday 15th December 2013
quotequote all
Burrito said:
Or she's covered the busy lunch period, has a break before preparing for evening rush and close down.

It's not ideal, but it's not the end of the world.
So they need to invest in more staff then.

surveyor

18,689 posts

213 months

Sunday 15th December 2013
quotequote all
There are some very self-righteous and unpleasant people on here at the moment. It's not pleasant, nor big nor clever.

OP - I'd wonder about phoning McD's Head Office and have a read of this.

http://www.aboutmcdonalds.com/content/dam/AboutMcD...

McD's are a large business and I would be amazed if there is not some sort of policy on breaks and how long can be worked without one.

mph1977

12,467 posts

197 months

Sunday 15th December 2013
quotequote all
surveyor said:
There are some very self-righteous and unpleasant people on here at the moment. It's not pleasant, nor big nor clever.

OP - I'd wonder about phoning McD's Head Office and have a read of this.

http://www.aboutmcdonalds.com/content/dam/AboutMcD...

McD's are a large business and I would be amazed if there is not some sort of policy on breaks and how long can be worked without one.
Company Store or Franchise Store ?

Sifly

572 posts

207 months

Sunday 15th December 2013
quotequote all
There must be some rest arrangements in her terms and conditions. If she's being expected to work OUTSIDE the agreed terms then take it further. If her restaurant manager is not interested in looking into it, take it to the next level.
If what they are expecting her to do falls inside the set out conditions, built it's still not to her liking there's 3 options:-
Ask for a different arrangement (unlikely to happen)
Accept that it's not ideal, but it's a job for now and put up with it or
Decide it's not for her and look for something else.

Whatever she decides, be polite and professional. Never burn your bridges!

Good luck, hope it gets sorted

NWTony

3,002 posts

257 months

Sunday 15th December 2013
quotequote all
1. She gets her break but has to take it early.
2. She only has 10 hours 45 minutes between shifts not the full 11 hours?
3. If she doesn't get the break when she wants it and doesn't get the extra 15 minutes between shifts she will have to jack it all in and quit university?

Do I have that right?

Your girlfriend is going to be a real asset to any employer after her studies are over.