Not given breaks at work....ever!!!!

Eire362436

Hi all!

I have worked for the same employer for a number of years and NEVER get a break. Literally never. Not rostered, not offered, never given. I know that I am legally entitled to breaks and I know what they are... but want I want to know if what happens if the employer never gives them? Can I claim for them? Can someone please point me in the right direction. Many thanks

wobbles

If your never given breaks, simple take them. If you work in a shop, close it. If you get fired for taking your breaks, then you can sue them for unfair dismissal

MagicSean

Have you brought it up with your employer or with HR?

Eire362436

Hi Sean
The standard line is "the business can't afford it"

MagicSean

Eire362436 wrote: »

Hi Sean
The standard line is "the business can't afford it"

The business doesn't have a choice really. If you want your break then demand them. Although remember that they probably won't pay you for them. If they refuse then I think it's the HSA that you have to contact.

Gee Bag

Sit down, have a cup of tea and a Kit-Kat, and read this.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/rest_periods_and_breaks.html

Eire362436

good one, thanks!

MagicSean

Eire362436 wrote: »

good one, thanks!

One thing you should take note of is that if it is a family business and they are forced into a corner they may decide to make it a completely family business.

Eire362436

it's not

IsaacWunder

Eire362436 wrote: »

Hi Sean
The standard line is "the business can't afford it"

What a load of cock. How long are your shifts? Anyone under 16 working after 10? I'm sure the labour inspector would be very interested in all of this about 'not being able to afford a break'.

My suggestion, get a 'concerned friend' to call them (1890 220 100) or email inspection@employmentrights.ie

Use your rights or lose them!

Eire362436

I like your style! I'm unionising the workplace next week and will show them some worker power! Shifts always 8 hours plus.

blueythebear

I'd also suggest that the lack of breaks could be considered a health and safety issue if there is a risk that an accident could happen. You could then force the issue by refusing to work in circumstances where you haven't had a break and have a legitimate H&S concern. If you are fired for this then, an application for unfair dismissal would be potentially viable.

However, this would force the issue in an unpleasant way and there is the very real potential of losing your job and only receiving some compensation a year or more later when your case has been heard by the EAT or Rights COmmissioner.

For the moment, I'd suggest printing off the Organisation of Working Time Act and highlighting the relevant section to your employer or HR and see what is said.

MagicSean

Eire362436 wrote: »

I like your style! I'm unionising the workplace next week and will show them some worker power! Shifts always 8 hours plus.

I did something like that in my last workplace. They responded by outsourcing and everyone lost their job.

IsaacWunder

MagicSean wrote: »

I did something like that in my last workplace. They responded by outsourcing and everyone lost their job.

We're talking about having a lunch break.

Even in China they take those.

corktina

I worked for a firm that made me work a day in lieu of a Bank Holiday, so I got no Bank Holiday. When they made me redundant I went after them with the threat of a Tribunal and they paid up all the back money they owed me. Protect your rights is the message.

MagicSean

IsaacWunder wrote: »

We're talking about having a lunch break.

Even in China they take those.

Thank you. I was aware of that.

crow_eat_crow

"I have worked for the same employer for a number of years and NEVER get a break. Literally never. Not rostered, not offered, never given."

You worked there for a number of years??
And you NEVER got a break??
Wow, what's the job, if you don't mind me asking?

Eire362436

I hear you, but my employer has made it clear no redundancies are on offer- they just want me out.

Zulu

Ehh what just happened? One minute you're looking for breaks now they "just want you out".
Get them to repeat that again, ideally in an e-mail or else in front of someone or while you have a running voice recorder on your phone.

Then take talk to a solisitor about unfair dismissal.

Eire362436

Solicitor on board! Employer has a history of this form of behaviour and the previous employees have left after ongoing harassment and bullying. They have met their match this time!