Author Topic: Employee rights and law advice  (Read 783 times)

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Offline SUPERTOON

  • General Member
Employee rights and law advice
« on: Thursday 23 July 2020, 04:00:25 PM »
Apologies for starting a new thread if there is something similar I couldn’t see it.

Anyways I would appreciate any advice if anyone knows anything about this stuff ?

Basically I work in a gym and we currently have 3 local sites but are all part of the same team. However my site we get unpaid breaks and the other 2 paid breaks. Anyways today we have been told that we are no longer allowed to leave the site during our breaks even though they are remaining unpaid. Meanwhile if you work at the other sites your breaks are paid.

Maybe I’m just kicking off over it, however would anyone know if either 1. They can legally stop us from leaving the building when we aren’t being paid, or 2. They can give paid breaks to my colleagues in exactly the same role albeit at a different site.

Any advice/help would be appreciated.

Offline Si

  • General Member
  • I dont handle change well.
Re: Employee rights and law advice
« Reply #1 on: Thursday 23 July 2020, 04:03:05 PM »
If they are not paying you I wouldn't have thought they have a leg to stand on personally. Have they given a reason why?
Bearings Straight!

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #2 on: Thursday 23 July 2020, 04:04:21 PM »
If they are not paying you I wouldn't have thought they have a leg to stand on personally. Have they given a reason why?

They are saying because of the whole Covid-19 lowering risk, however we are a gym with members constantly coming and going from 6-10.

Offline Si

  • General Member
  • I dont handle change well.
Re: Employee rights and law advice
« Reply #3 on: Thursday 23 July 2020, 04:32:54 PM »
I get why they are asking but wouldn't have thought it's enforceable.
Bearings Straight!

Offline Skeletor

  • General Member
  • I joined Newcastle before they were mainstream
Re: Employee rights and law advice
« Reply #4 on: Thursday 23 July 2020, 05:37:55 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.
'Rock over London, Rock on Chicago! Wheaties: breakfast of champions.'

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #5 on: Thursday 23 July 2020, 05:45:43 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.

Our site is the bigger site of the three and could they take disciplinary action over unpaid breaks ?

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #6 on: Thursday 23 July 2020, 05:45:55 PM »
And all shifts are at least 8 hours.

Offline Skeletor

  • General Member
  • I joined Newcastle before they were mainstream
Re: Employee rights and law advice
« Reply #7 on: Thursday 23 July 2020, 06:00:20 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.

Our site is the bigger site of the three and could they take disciplinary action over unpaid breaks ?

It's hard to say. The issue is that usually in employment contracts there's some caveat about how terms and regulations can be changed. If they argued that the changes were made to comply with government regulations regarding COVID-19 they might fall within that remit.

They have to offer you at least 20 minutes break if you work over 6 hours per day. However I don't think they are obligated to pay you for those breaks. However if they are paying people at the other site you would need to get an official response from the company as to why that is and then seek legal advice.
'Rock over London, Rock on Chicago! Wheaties: breakfast of champions.'

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #8 on: Thursday 23 July 2020, 06:06:17 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.

Our site is the bigger site of the three and could they take disciplinary action over unpaid breaks ?

It's hard to say. The issue is that usually in employment contracts there's some caveat about how terms and regulations can be changed. If they argued that the changes were made to comply with government regulations regarding COVID-19 they might fall within that remit.

They have to offer you at least 20 minutes break if you work over 6 hours per day. However I don't think they are obligated to pay you for those breaks. However if they are paying people at the other site you would need to get an official response from the company as to why that is and then seek legal advice.

Thanks for the response we are literally the only ones in the whole company on unpaid breaks.

Offline Bimpy474

  • General Member
Re: Employee rights and law advice
« Reply #9 on: Thursday 23 July 2020, 06:13:50 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.

Our site is the bigger site of the three and could they take disciplinary action over unpaid breaks ?

It's hard to say. The issue is that usually in employment contracts there's some caveat about how terms and regulations can be changed. If they argued that the changes were made to comply with government regulations regarding COVID-19 they might fall within that remit.

They have to offer you at least 20 minutes break if you work over 6 hours per day. However I don't think they are obligated to pay you for those breaks. However if they are paying people at the other site you would need to get an official response from the company as to why that is and then seek legal advice.

Thanks for the response we are literally the only ones in the whole company on unpaid breaks.

Happens a lot mate, posted on here how the hospital trust i work in covers three hospitals, and we're the only one not to be paid overtime, we just get standard rate.

Offline Skeletor

  • General Member
  • I joined Newcastle before they were mainstream
Re: Employee rights and law advice
« Reply #10 on: Thursday 23 July 2020, 06:18:08 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.

Our site is the bigger site of the three and could they take disciplinary action over unpaid breaks ?

It's hard to say. The issue is that usually in employment contracts there's some caveat about how terms and regulations can be changed. If they argued that the changes were made to comply with government regulations regarding COVID-19 they might fall within that remit.

They have to offer you at least 20 minutes break if you work over 6 hours per day. However I don't think they are obligated to pay you for those breaks. However if they are paying people at the other site you would need to get an official response from the company as to why that is and then seek legal advice.

Thanks for the response we are literally the only ones in the whole company on unpaid breaks.

Ask them for a written explanation. If you get something in writing it's easier to seek legal advice after that.
'Rock over London, Rock on Chicago! Wheaties: breakfast of champions.'

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #11 on: Thursday 23 July 2020, 06:20:21 PM »
Is your site smaller with less staff?

No-one can physically stop you leaving the premises on your break, but they maybe entitled to take disciplinary action. Employment law is so murky.

As for paid breaks I would have said no they can't treat you differently as long as you're all working over 6 hours per day. If you work less than 6 hours per day and the others work over 6 hours then legally they could enforce that.

Our site is the bigger site of the three and could they take disciplinary action over unpaid breaks ?

It's hard to say. The issue is that usually in employment contracts there's some caveat about how terms and regulations can be changed. If they argued that the changes were made to comply with government regulations regarding COVID-19 they might fall within that remit.

They have to offer you at least 20 minutes break if you work over 6 hours per day. However I don't think they are obligated to pay you for those breaks. However if they are paying people at the other site you would need to get an official response from the company as to why that is and then seek legal advice.

Thanks for the response we are literally the only ones in the whole company on unpaid breaks.

Ask them for a written explanation. If you get something in writing it's easier to seek legal advice after that.

Cheers for the reply I will be seeing them tomorrow

Offline Lazarus

  • General Member
Re: Employee rights and law advice
« Reply #12 on: Friday 24 July 2020, 09:25:18 AM »
And keep a diary of who said what and when!

Offline AyeDubbleYoo

  • General Member
  • Ian W
Re: Employee rights and law advice
« Reply #13 on: Friday 24 July 2020, 09:50:20 AM »
A good old social media shaming might work.

Maybe try more official channels first.

Offline Papavasiliou

  • General Member
Re: Employee rights and law advice
« Reply #14 on: Friday 24 July 2020, 09:53:37 AM »
Don't wanna be the pessimistic one here but fighting this sounds like it's definitely going to end up with the paid breaks being taken off the other sites, not the other way around.

Offline Gorilla

  • Likes gambling
  • General Member
Re: Employee rights and law advice
« Reply #15 on: Friday 24 July 2020, 10:18:04 AM »
Don't wanna be the pessimistic one here but fighting this sounds like it's definitely going to end up with the paid breaks being taken off the other sites, not the other way around.
You cant make someone do what you want unless you are paying them for that time.

Offline madras

  • Philosoraptor
  • General Member
Re: Employee rights and law advice
« Reply #16 on: Friday 24 July 2020, 11:05:39 AM »
Had the other sites been part of a different group originally ? Ie are they on differing conditions as they are on their original conditions ?
Bullshitters misrepresent themselves to their audience not as liars do, that is, by deliberately making false claims about what is true. In fact, bullshit need not be untrue at all.

Rather, bullshitters seek to convey a certain impression of themselves without being concerned about whether anything at all is true. They quietly change the rules governing their end of the conversation so that claims about truth and falsity are irrelevant.

Offline NE27

  • General Member
Re: Employee rights and law advice
« Reply #17 on: Friday 24 July 2020, 11:39:33 AM »
Seek the official reason from the company, get all you can in writing, speak to ACAS.

Hopefully give you a good Indication of what's right and what is wrong.

I've been through conciliation with a previous employer and as someone said above, employment law is very murky and it doesn't always seem logical or fair.

Offline Wallace

  • General Member
Re: Employee rights and law advice
« Reply #18 on: Friday 24 July 2020, 11:47:28 AM »
Unpaid breaks and not being able to leave the premises is one of the issues raised in the Guardian’s report on Sports Direct earlier this week.

Offline sadnesstan

  • General Member
Re: Employee rights and law advice
« Reply #19 on: Friday 24 July 2020, 03:06:54 PM »
From Gov.UK

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

The break doesn’t have to be paid - it depends on their employment contract.

The case with s*** Direct revolves around the fact that an extra 20 mins of time, recorded as work, could reduce their hourly rate to below minimum wage.

Offline kingkerouac

  • General Member
  • London, UK
Re: Employee rights and law advice
« Reply #20 on: Friday 24 July 2020, 03:11:55 PM »
From Gov.UK

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

The break doesn’t have to be paid - it depends on their employment contract.

The case with s*** Direct revolves around the fact that an extra 20 mins of time, recorded as work, could reduce their hourly rate to below minimum wage.

So we're only entitled legally to 20 minutes break every 6 hours?!
When did that happen?
So to accrue enough time to have a lunch hour you'd have to work an 18 hour day.

Offline sadnesstan

  • General Member
Re: Employee rights and law advice
« Reply #21 on: Friday 24 July 2020, 03:14:52 PM »
From Gov.UK

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

The break doesn’t have to be paid - it depends on their employment contract.

The case with s*** Direct revolves around the fact that an extra 20 mins of time, recorded as work, could reduce their hourly rate to below minimum wage.

So we're only entitled legally to 20 minutes break every 6 hours?!
When did that happen?
So to accrue enough time to have a lunch hour you'd have to work an 18 hour day.

No. It just guarantees people a break who wouldn't normally qualify for lunch.

Offline leffe186

  • General Member
  • Akron, Ohio
Re: Employee rights and law advice
« Reply #22 on: Friday 24 July 2020, 03:31:42 PM »
From Gov.UK

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

The break doesn’t have to be paid - it depends on their employment contract.

The case with s*** Direct revolves around the fact that an extra 20 mins of time, recorded as work, could reduce their hourly rate to below minimum wage.

So we're only entitled legally to 20 minutes break every 6 hours?!
When did that happen?
So to accrue enough time to have a lunch hour you'd have to work an 18 hour day.

Interesting. I work a 12 hour day (absolute minimum, it's typically 0653-1945 or so) and get a half hour break...most of the time. Of course, I live in the land of freedom.
Obviously, I'm speaking of a hypothetical world in which there is a greater club than Tottenham.

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #23 on: Friday 24 July 2020, 05:07:42 PM »
Had the other sites been part of a different group originally ? Ie are they on differing conditions as they are on their original conditions ?

No we are literally all the same except we work at different sites for the same company we have any meetings or training together.

Offline SUPERTOON

  • General Member
Re: Employee rights and law advice
« Reply #24 on: Friday 24 July 2020, 05:08:00 PM »
Unpaid breaks and not being able to leave the premises is one of the issues raised in the Guardian’s report on Sports Direct earlier this week.

Did it say anything of note ?