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Head of department complaining that I don’t take breaks

Spon Farmer

Has anyone here ever had a manager at work complain you are not taking breaks?

I sometimes don’t bother if I’m busy or just might not hungry. My department head has complained about it before but most times doesn’t take any notice.

Can you actually get in trouble for not taking a break ?

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bucketybuck

https://www.boards.ie/discussion/2058355785/head-of-department-complaining-that-i-don-t-take-breaks

The company can get in trouble for you not taking a break, he is doing his job by trying to get you to take them.

He is also protecting the company from an employee deciding to complain that they never get their breaks, something that, again, can leave a company open to trouble.

Spon Farmer

https://www.boards.ie/discussion/comment/122255999#Comment_122255999

okay I didn’t know this.

Who would they be in trouble with? Can I be disciplined or even dismissed?

Pauliedragon

The employer has to make sure by law you get adequate breaks. If they don't you could put in a claim to the WRC which obviously they don't want.

nachouser

Have a break, have a KitKat.

Princess Calla

https://www.boards.ie/discussion/comment/122256095#Comment_122256095

It's a health and safety issue!

Your body needs to recharge . When you're tired you can make silly mistakes and work output declines etc.

Without taking breaks you leave yourself open to stress building up and eventual burnout. I guess your boss doesn't want to see this happening to you.

I presume that you are young and enthusiastic about your job at the moment. Give it time and you'll be living for your breaks!

Victor

Fraudsters are known to not take breaks and not go on holidays.

bucketybuck

https://www.boards.ie/discussion/comment/122256095#Comment_122256095

Its a legal requirement that employees be given breaks.

If an employee makes a complaint against the company, say for constructive dismissal for example, it is relatively common that part of the case will be a claim that the employee was not allowed to take breaks, or was not paid for breaks or some variation of this.

In response the company will be asked to show that the employee was allowed to take their breaks. To do this they want to be able to point to things like breaks being defined in the contract, time sheets showing breaks being taken, or even memos/emails to the staff reminding them to take their breaks.

You may say that you are not bringing a case so this doesn't apply to you, but who knows who is going to make a complaint in the future. Better to make you take them now than wish you had taken them later.

There are health and safety and productivity reasons for the breaks as well but from a legal point of view, they don't necessarily care if you take them, as long as it is very clear to all that you were allowed to take them and that it was your choice not to.

Spon Farmer

https://www.boards.ie/discussion/comment/122256159#Comment_122256159

they are always the first to go from the vending machine

Spon Farmer

https://www.boards.ie/discussion/comment/122256207#Comment_122256207

not young and the enthusiasm is long gone (although some recent retraining and a shift change has overcome the apathy I was developing).

I find I slow down after a break so I prefer to keep going. I don’t chain myself to the work station and do quite a bit of dossing which actually refreshes me.

Also, when I have taken a break I alway ms come back to a pile up of work which also slows me down.

Spon Farmer

https://www.boards.ie/discussion/comment/122256228#Comment_122256228

???

Big Bag of Chips

Just take the break. Go for a 10 minute walk. If you're not taking breaks because you're busy, then that reflects on the company that your workload is too heavy and you can't take a break. This could be used against the company.

You won't get any extra thanks for not taking breaks. You won't get extra pay or reward.

Jim2007

https://www.boards.ie/discussion/comment/122256095#Comment_122256095

It is the law and they are required to implement it. A failure to so could leave them open to complaints and legal action.

It is most likely on the managers performance review, so you can expect it to impact your review as well. But I don't think failure to comply on it's own could get you terminated.

Danzy

Be honest,tell him you work the break but from 2 to 5 there are pornstars who fu79 around iess at work.

Purple Mountain

If your company uses a traffic management system to record breaks, not taking breaks can actually feck these reports up. That and starting early/finishing late!

Dial Hard

https://www.boards.ie/discussion/comment/122256291#Comment_122256291

It certain roles/sectors/professions it's protocol/best practice for staff to take mandated periods of time off. It makes fraud/financial shenanigans easier to identify. The poster wasn't implying you were a fraudster.

the14thwarrior

are you trying to annoy your manager deliberately> ? you do know they are there to give you instruction and you are supposed to follow them.

you can't cherry pick what to do and not to do

L1011

https://www.boards.ie/discussion/comment/122256291#Comment_122256291

I seriously doubt that's what the manager is concerned about; but in certain financial roles breaks and a longer holiday are both absolute required as certain frauds require constant monitoring by the fraudster. If the fraudster isn't at their desk to handle everything happening, they get caught.

Spon Farmer

I don’t know if I should post this here or start a new thread.

I have OCD and it affects one task in work but the other team members are happy to cover for it and I do something for them in return. The head of department is fine with all of that. Without boring you all with details, HR recently found out about the OCD and started pestering me about how they could “help” and wanting to talk to my ”counsellor”. They have not been satisfied with the letter o gave them from the local HSE clinic or the fact that this one task is very minor so I’m being sent to a doctor at a private clinic ( occupational therapist they called him). I made no objection to going even though it going to take up hours of one of my days off and even though it is causing me anxiety - which I haven’t felt since that period of tardiness. The anxiety is mainly coming from the belief that the general manager wants me gone because I have mental health issues. I’ve witnessed first hand his ignorant opinions about mental health. A co -worker agreed the general manager is that kind of prick but that I shouldn’t worry that that the doctor is “against me” and will tell the company want is truthfully best for me, not them.

Is he right? Should I just tell this doctor the facts and not worry what HR or the general manager really want?

nomdeboardie

https://www.boards.ie/discussion/comment/122256443#Comment_122256443

Oooo, disobedience! They explained that they think they work more efficiently without formal breaks so I, for one, would take that at face value

Spon Farmer

https://www.boards.ie/discussion/comment/122256436#Comment_122256436

no I didn’t think that, just couldn’t understand the post or how breaks relate to fraud

Del2005

https://www.boards.ie/discussion/comment/122256452#Comment_122256452

All the company doctor can tell them is if you are fit for work or not, your medical history is private regardless of who pays for the doctor. Ask for OT or time in lieu if you are going to the company Dr on your own time.

Spon Farmer

https://www.boards.ie/discussion/comment/122256495#Comment_122256495

I’m not a they but thank you for not not believing me. :p

Spon Farmer

https://www.boards.ie/discussion/comment/122256530#Comment_122256530

thank you for the reassurance and the advice on overtime/in lieu.

nomdeboardie

https://www.boards.ie/discussion/comment/122256535#Comment_122256535

Ha - re the 'they', I always tended to use that even before high-PC, just on the basis that no one really knows the sex of a poster even if they use a first name in their username. And to be fair, I have no idea what sex you are from that username😅

kirving

A pure example, but say you never ever left a shop till during a work day, and refused to take a break, a manager could reasonably suspicious that you had something to hide..

Also, your employer is ensuring that you don't have grounds to build a case against them under the Working Time regulations, for not allowing you to take breaks (or holidays).

I've had to tell people not to come into work toward the end of our leave year, for two reasons A) Working Time legislation, above, and B) Unused holidays are seen as a financial liability to a large company - because they would have to pay you for them if you quit tomorrow.

Holidays are also of concern to employers with respect to fraud, but the type of fraud would be different.

In the past, banks would mandate that employees took at least one two week holiday each year, as it would be more difficult to hide financial fraud if you were away from the branch for a full two weeks.

https://www.workplacerelations.ie/en/what_you_should_know/hours-and-wages/working_hours/

https://www.boards.ie/discussion/comment/122256526#Comment_122256526

nachouser

https://www.boards.ie/discussion/comment/122256452#Comment_122256452

Hi Spon,

I've been to an OT before due to work issues - it wasn't in anyway confrontational, it was about checking my health status and seeing how I was doing. I would suggest not mentioning any names of your colleagues during the visit and just let them lead the conversation. Seeing an OT is not necessarily a bad thing.

65535

https://www.boards.ie/discussion/comment/122256228#Comment_122256228

This is so true - a large company that I used to visit maybe once every 2 months have a pay car park - the employee that was on duty when the pay machines were installed was given a key - that employee helped themselves to a 'percentage' and it was only when they were told they had to take holidays that the company auditor saw a large increase in car park payments.

To avoid adverse publicity the employee was sacked on their return but no criminal charges were bought against them.

If you're stitting at a desk and something comes up it is not always easy to go on a break - but I'd advise it because if you don't it will be expected of you to do more work in less time - you are leaving yourself down in the long run.

NSAman

Jaysus I must be due a few years on breaks alone.. ;)

Similar to the OP I just get lost on work and don't like things interrupting when I am on a roll.

I understand that breaks are important and my staff are encouraged to take their breaks and leave on time instead of staying to finish something. (unusual in the States)

However, as I lead by example they see me not taking full breaks and emulate me… thats a really bad thing. CLearing your head from time to tome is absolutely needed. Too much focus can cause issues later.

I refuse to let staff follow my self imposed rules for myself.

Work directives on breaks in Europe would be too draconian for me, common sense would be a better thing, but many unscrupulous employers would walk all over people….

Spon Farmer

https://www.boards.ie/discussion/comment/122256738#Comment_122256738

HR called him an occupational therapist but he is a medical doctor at private hospital that “offers specialist occupational health and medical advice to both employers and employees”.

This why I was concerned that he would do whatever the company wanted.

nachouser

https://www.boards.ie/discussion/comment/122257096#Comment_122257096

I would say attend the session and see if it helps. I did it, and it did. That's all I can add.