Break Issues

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Hi,
Dont want to go into too much detail as some of my work colleagues may post here.Basically,i work in I.T and have been in this job for about 5 months.Its a job which requires someone on site 24/7.There are usually 2 ppl onsite to accomadate breaks,lunches,illness.
So,tonight,i am working by myself as my workmate is off.I will not be able to basically leave the office for 12 hours.There is limited kitchen facilities but i am never on break.So,basically i do not get the hour and a half i am entitled to take.
Where is the legal standing on this?None of my other work colleagues find this an issue,as were given an extra hour to take off on our next shift.

AARRRGH

How often do you have to work alone like this?

If it's every now and then, and you like your job, I wouldn't bother making your life difficult by discussing the legalities of it with your employer.

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dublindude wrote: »

How often do you have to work alone like this?

If it's every now and then, and you like your job, I wouldn't bother making your life difficult by discussing the legalities of it with your employer.

I work a mixture of nights and days,7 shifts over 2 weeks.
So basically,any shift my workmate takes off which is either a weekend day/night or a night during the week or a bank holiday.
It is quite possible for this to happen 3 shifts in row,thats 36 hours worked without a break.

watna

I agree with dublindude that if it doesn't happen very often and you like your job you should take it on the chin as one of the downsides

f you find it is becoming more common I'd definitely say something. Maybe your work could come to some sort of arrangement to get pizza/other takeaway sent in when you are on your own. Or you could ask them to upgrade their kitchen facilities so you can have a proper break.

Is it an IT job where you get incoming phone calls to answer or do you ahve to keep an eye of systems? I used to work in a job where I'd be on my own in the office all day once every few weeks. I'd just divert the phone to mobile, lock the door and go out and get something to eat. I wouldn't take the full hour, just enough time to get food and get back. I'd answer the phone if it rang but would otherwise eat my lunch and relax. Could you do something like that and take a mobile to sit in the kitchen for even half an hour?

Big_Mac

I agree with the last few posts, but I will add that you are legally entitled to a paid break of 15 minutes of every four hours worked, not including lunch which is normally unpaid.

Again, it may not be worth making an issue out of this

mickoneill30

jackncoke wrote: »

There are usually 2 ppl onsite to accomadate breaks,lunches,illness.
So,tonight,i am working by myself as my workmate is off.I will not be able to basically leave the office for 12 hours.

What does your boss say? You don't say if you've been told you can't take a break or if you're assuming you can't.

If somebody is sick then I'd help them out and have lunch at my desk. If somebody is off on holidays and it happens more than once I'd be asking my boss to sort it out. That's a resourcing issue and is his problem not yours.

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well,thanks for your replies.

When im on my own,i cant leave the office.We have been told this.
This is due to us monitoring,prompt answering of emails,telephone calls.
We can eat in the office,there's no prob with that.
Its just the fact,that im on the go for 12 hours.

Eoin

Not the answer you're looking for, but have you asked about getting a blackberry so emails and calls can be answered immediately? That might buy you a few minutes to stretch your legs and go for a stroll.

Davidth88

Hang on , isn't there a H&S issue here having someone alone in the office overnight ?

What would happen if you tripped up and banged your head .......

May be way of the mark , anyone know better ?

I do know I used to work nights in the UK , and there the company I worked for didn't like you working alone for H&S reasons .

seamus

Davidth88 wrote: »

Hang on , isn't there a H&S issue here having someone alone in the office overnight ?

I don't think so. No more dangerous than having someone on their own all day (such as a weekend).

As said, if this is the first time it's happened then take it on the chin and count it as a "favour" to your employer which will be looked favourably upon. If this a common occurence (more than say, 3 times a year), then there needs to be a protocol set up which keeps the company happy and isn't in breach of employment law.

As for breaks, you are legally entitled to unpaid breaks of 15 mins for every 4.5 hours worked, and 30 minutes for every six hours worked. If you do a 12 hour shift therefore you are legally entitled to 1.5 hours unpaid break.

When or how you take these breaks is left up to flexibility - it can be taken all in one go or in shorter blocks of 30 minutes - for 6 hours work, you *must* have a minimum 30 minute break. This doesn't mean that you're entitled to knock off as soon as the clock ticks over to the 7th hour, but you are entitled to take your half hour sometime within that work day.

Trading it for an hour off elsewhere (known as leave in lieu) is not legal.

As mickoneill points out, this is a resourcing issue and it's not up to you to cover their poor planning. As is standard with most shift places, if you're taking time off at short notice you should be required to arrange/find cover for your shift. If you're taking annual leave, then the employer should re-arrange schedules to ensure that adequate cover is provided.

Perhaps contact NERA: (http://www.employmentrights.ie/en/) anonymously and get some advice.

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Ok,well,it's happened me at least 6 times since i started 5 months ago,its happening again tomorrow nite.
its just accepted by the rest of the staff,that if your shift partner isnt on,,you dont get a break.
The job isnt the most stressful job in the world,but not being able to leave the office for 12 hours can be quite irritating.

AARRRGH

Well, seeing as you're the only guy in the office, you could spend the entire shift eating food, right? Or you could work in your boxers?

I reckon there are perks to your situation too.

January

Why don't you just order food in?

seamus

adrieanne__x wrote: »

Why don't you just order food in?

To be fair, you have a right to choose what you eat for lunch. Takeaways don't provide adequate choice, especially if you're watching your diet.