Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Being made to work without a break!

Options
  • 12-08-2021 9:11pm
    #1
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭


    There's a particular job on site where I work that involves the security guard has to work without any break. It involves raising and lowering a barrier to leave trucks into a factory. I had some exposure at the shift and was told that the guys from the main office never bother covering for their break. They're supposed to supposed but that they make it so difficult for them to get it that they don't bother trying. Some of the workers who are supposed to cover are old and set in their ways, and they couldn't be bothered. Unlike other security posts on site, this is a one man job so it's is not possible to come and go as you please. 

    A few months ago I explained that I wouldn't be able to do it when I got wind that the main guy who works it was going on holidays. I did this by email to the operations manager and branch manager, letting them know that I would not be willing to work that shift unless a break was organised in advance. But I've recently found out that I'm rostered for this location next week. I emailed the branch manager (who made the roster) to tell her that I'm refusing to work it. She emailed back to say:

    "Please explain your mail to me that you ware refusing to work your rostered shifts? You are employed by Blank to work at Blank and therefore you will be rostered within all posts on site and your contact is flexible."

    I followed with this:

    "My contract also entitles me to a one hour break. To work [said shift] I would need to first witness other staff at this post receiving coverage (without difficulty) from other staff for a 1 hour break. It would not look good for (Company name) if I left my post without any coverage. I did explain this before."

    That last email was around 10 this morning and she hasn't responded since. She's on holidays next week, so the only chance she'd have to respond to me would be tomorrow. Funny to think she's going on holidays while we're so understaffed on site most of us are forbidden from taking our holidays. The three shifts I'm on to work are Tues to Thurs of next week. I suppose I should really finished off my mail by saying that unless I hear back from her, I will assume those as days off.

    It is of course illegal to do this, and they are turning a blind eye to it. I'm wondering if any others have had similar experiences to this? I am willing to walk from this job if it comes to it. These managers show up on site less than once a week and have very little involvement. Any advice?



«1

Comments

  • Options
    #2
    Mrs OBumble
    Registered Users Posts: 25,975 ✭✭✭✭Mrs OBumble


    Pick up the telephone and talk to the manager.



  • Options
    #3
    Strumms
    Registered Users Posts: 25,471 ✭✭✭✭Strumms


    https://www.boards.ie/discussion/comment/117745467#Comment_117745467

    Nope, keep everything in writing, documented in writing keeps them accountable.

    dont ‘ask’ to take a break.

    Send an email worded along the lines of..

    ”to clarify I shall be in order for both myself and the company to be in compliance with both Organization Of Working Time 1997 Rest breaks and rest periods and... The Safety, Health and Welfare at Work Act 2005...... and therefore for my wellbeing I am informing you that I will be taking breaks as per legislation to ensure this compliance and my wellbeing daily without exception ... please ensure whatever relevant cover is available at xx:xx”.



  • Options
    #4
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117745551#Comment_117745551

    Thanks Stumms,

    I could do that. However I did inform management that I wouldn't do that shift unless they had organised it in advance. I should not have the worry about whether it will or won't be hassle of getting coverage. I could well refuse to show up as I'm considering.

    And if that involves them giving me hassle with my final pay, then I might have to lawyer up.



  • Options
    #5
    salonfire
    Registered Users Posts: 3,078 ✭✭✭salonfire


    What does the guard do between trucks arriving? If nothing or hanging around, those breaks add up a lot more than the legally entitled ones I'd imagine.



  • Options
    #6
    Fr Tod Umptious
    Registered Users Posts: 15,260 ✭✭✭✭Fr Tod Umptious


    https://www.boards.ie/discussion/comment/117751326#Comment_117751326

    But a break is a break.

    If I'm sitting at a seat opening and closing a door for two minutes an hour that does not mean that I'm on a break for 58 minutes in the hour.

    Being on a break means something else, it may also mean being physically somewhere else and doing something else not related to the job, like eating, or going for a walk.



  • Advertisement
  • Options
    #7
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117751326#Comment_117751326

    I hate "if" arguments!

    For the sake of this post it wasn't necessary to describe the job in full.



  • Options
    #8
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    I'm still considering not showing up, and they'll have to work a 60 hour week without me there.



  • Options
    #9
    Swaine
    Registered Users Posts: 1,034 ✭✭✭Swaine


    You can't work off the assumption a law will be broken because of others experiences. If you don't go in, the company can discipline you. You need to do your job, take the break as legally allowed then wait for the kickback.

    Don't not turn up, this leaves you open to all sorts.



  • Options
    #10
    ptyloch
    Registered Users Posts: 219 ✭✭ptyloch


    https://www.boards.ie/discussion/comment/117751326#Comment_117751326

    The guard is available to open the barrier at all of those times, they are not his break times, despite him not doing anything at the time he is still 'on duty' to do the work.

    Break time allows him to 'take a break' from fulfilling his duties.



  • Options
    #11
    Strumms
    Registered Users Posts: 25,471 ✭✭✭✭Strumms


    https://www.boards.ie/discussion/comment/117751866#Comment_117751866

    By salonfire’s argument and logic if an employee has 40 minutes downtime over their first 4 hours of work... 10 minutes an hour they should only be of the ability to take a 20 minute lunch break...right... gladly the law as unfavorable as it is towards employees doesn’t exactly go that far to allow skullduggery of that magnitude :).

    any smokers I know including management will take an average of two AM smoke breaks... including coffee / tea making 35-40 minutes of extra breaks, maybe they too need their lunches curtailed on this basis... they are ‘choosing’ extra breaks as opposed to downtime.



  • Advertisement
  • Options
    #12
    mrslancaster
    Registered Users Posts: 1,818 ✭✭✭mrslancaster


    https://www.boards.ie/discussion/comment/117751814#Comment_117751814

    Can you just take your lunch break at your normal time? Its not your job to organise cover, thats for management or whoever draws up the roster.



  • Options
    #13
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Check your actual entitlement to breaks before doing anything.

    Citizensinformation.ie - Work Breaks and Rest Periods

    Some types of employment are exempt from or have different rules on breaks, including compensatory rest where you do not get a break.



  • Options
    #14
    Electric Sheep
    Registered Users Posts: 2,107 ✭✭✭Electric Sheep


    Leave and get a grown up job.



  • Options
    #15
    C3PO
    Registered Users Posts: 3,763 ✭✭✭C3PO


    https://www.boards.ie/discussion/comment/117751980#Comment_117751980

    This …. but I would email your manager and tell him that this is what you will be doing.



  • Options
    #16
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117751848#Comment_117751848

    What sort of trouble would that be? Withholding pay? I should have mentioned that I'm due to finish in three weeks.



  • Options
    #17
    Tell me how
    Registered Users Posts: 21,669 ✭✭✭✭Tell me how


    OP, if you are due to finish in 3 weeks, why not do what you can to do your job in the meantime without creating any drama.

    I'm not suggesting you don't take a break, but you recognize that you know what, if there's enough time to switch off, have a bite to eat etc 'while doing the job' for a couple of weeks, then you can live with that.

    If there isn't enough time, then inform your line manager that you need to take a break and will be doing so.

    Getting in to legalities of break entitlement, the Working Time act etc etc within 3 weeks of leaving and when its about a job that doesn't sound intense, sounds to me like someone looking to make a big deal out of something.

    You may want a reference from this company or an opportunity to work there again in future, why burn bridges?

    Also, I would add, it sounds like you are getting annoyed about something you have no experience of as haven't worked in this particular role yet and are only going by what someone else has told you the role has been like.

    I'm not trying to make excuses for a company putting staff under undue pressure, or suggesting that employees should always accommodate them but I've little time for employees who think any inconvenience is illegal.



  • Options
    #18
    the_pen_turner
    Registered Users Posts: 7,515 ✭✭✭the_pen_turner


    i dont see what the problem is. just email them that you will work x -y date doing that job and that you will be working 8-10, 10.15-1, 2-5pm.


    if your job is to open the gate then leave it closed and go for your break.

    your legally entitled to it . what are they going to do fire you



  • Options
    #19
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    https://www.boards.ie/discussion/comment/117759107#Comment_117759107

    If everyone bends over for companies then things will never get better for anyone.



  • Options
    #20
    Tell me how
    Registered Users Posts: 21,669 ✭✭✭✭Tell me how


    https://www.boards.ie/discussion/comment/117759114#Comment_117759114

    This is far from what is going on in Amazon or the likes where we hear of workers having to wear diapers due to being at risk of being reported for being gone from their station for too long were they to go to the bathroom.

    It sounds like whoever is on this particular duty has a pretty light workload offset slightly by the fact that if they are not there, there might be an issue.

    Again, bear in mind, they have no experience yet of what working in the role actually entails or how busy they may be.

    Talking about quoting working time acts etc, when they know they are leaving in 3 weeks, and having not worked in the role at all is likely to burn any goodwill they have within the company.

    If the company said ok, you have 30 minutes off every 4 hours, etc, etc, but instead of only being busy for a couple times an hour operating the barrier, we want you do do that, and fill the rest of your time with some other duty within the remit of your contract, which option would the OP rather?

    I had experience of an employee refusing to accept a call from work on his personal phone while he was out of the office, his argument being, if you want to speak to me on the phone, then give me a phone. The same employee had no issue using the company's time and desk phone to make personal phone calls while at work. If you want things to be 100% by the book, then you can't complain if the company plays that game.



  • Options
    #21
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117759107#Comment_117759107

    What makes you think that it's not an 'intense' job? There's a whole load of paper work to it too.



  • Advertisement
  • Options
    #22
    Tell me how
    Registered Users Posts: 21,669 ✭✭✭✭Tell me how


    https://www.boards.ie/discussion/comment/117759177#Comment_117759177

    Your opening post.



  • Options
    #23
    xeresod
    Registered Users Posts: 192 ✭✭xeresod


    https://www.boards.ie/discussion/comment/117759113#Comment_117759113

    Exactly, go for your break and leave the barrier open.

    I worked for a security company and that's what we'd do if there was nobody to cover - and this would have been 25 years ago so probably before there was legislation mandating breaks!



  • Options
    #24
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117759157#Comment_117759157

    i do have experience working it. I covered some fella for 2.5 hours while he went for his vaccine during the heat wave. I took off a layer of clothing due to the tin can of a cabin heating up so much, and some fcuker reported me for it.

    The fella I was covering told some manager that I was doing a great job, and now they've shoved me there... for the favour I didn't have to do.



  • Options
    #25
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117759181#Comment_117759181

    That's your own ignorance.



  • Options
    #26
    Tell me how
    Registered Users Posts: 21,669 ✭✭✭✭Tell me how


    https://www.boards.ie/discussion/comment/117759214#Comment_117759214

    You're right. My bad. Clearly, they're lucky to have you and should do everything in their power to keep you happy for the next 3 weeks.



  • Options
    #27
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    Yeah, she emailed back to say:

    You are to work yours shifts as scheduled at the Blank. You will be supported during breaks but it is not releasing you for a full 1hour, this can be broken out throughout the day and allowing for 30 minute lunch.

    That's 30 mins for a 10.5 hour shift!? It's supposed to be 45 mins as far as I know.



  • Options
    #28
    Citrus_8
    Registered Users Posts: 1,163 ✭✭✭Citrus_8


    https://www.boards.ie/discussion/comment/117763636#Comment_117763636

    I think it's mean you're entitled to one 30 mins lunch break and the other 30 mins can be split to two 15 mins breaks (that's a usual practise). Have a look on to your contract ;)



  • Options
    #29
    Brid Hegarty
    Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    https://www.boards.ie/discussion/comment/117763688#Comment_117763688

    It said allowing for 30 minutes... I think it's pretty clear that means 30 minutes total.



  • Options
    #30
    mrslancaster
    Registered Users Posts: 1,818 ✭✭✭mrslancaster


    https://www.boards.ie/discussion/comment/117763709#Comment_117763709
    image.png

    That reads like more than one break throughout the day and the lunch break can only be 30 minutes



  • Advertisement
  • Options
    #31
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    Yeah it definitely sounds to me that you’ll get the full 60 but only 30 in one go for lunch.



Advertisement