I work in retail, do a 5 hour shift and dont get a single break, is that legal?

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  1. priceless_beauty's Avatar
    • Exalted Member
    • Posts: 303
    I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    Hi

    basically i work in retail in a well known clothing store.

    I work 5 hours on saturday (9am-2pm) and 5 hours on sunday (12am-5pm)

    basically on both sat and sun i dont get a single break and have to work 5 hours straight with no break.

    I asked the manager and she said that because i am 18, if i am working 5 hours or less they do not have to give me a break at all, its only if i am working 6 hours i will be entitled to a break, but a friend of mine told me that by law i am entitled to a 15 minute break if i am working 5 hours straight regardless of age

    Can anyone shed some light?

    Should i be getting a 15 minute break, or is what they are doing perfectly within the law.
  2. Fusion's Avatar
    • TSR Legend
    • Location: Bruges (It's in Belgium)
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    All legit (poor you :rolleyes: )
  3. in_jeopardy's Avatar
    • Exalted and Worshipped Member
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    Your manager is right.

    Working 5 hours without a break is perfectly legal, boohoo.
  4. james99's Avatar
    • Les carottes sont cuites
    • Location: Sheffield
    • Posts: 2,614
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    Your manager is correct, sorry.
  5. neodymium's Avatar
    • Exalted and Worshipped Member
    • Location: The Periodic Table
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    5 hrs in retail isn't exactly that tiring, is it?
  6. leemkule's Avatar
    • Exalted and Worshipped Member
    • Location: St Andrews
    • Posts: 1,298
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    Perfectly legal.

    Rest breaks - a break during your working day

    If you are an adult worker (that is, over 18), you will normally have the right to a 20 minute rest break if you are expected to work for more than six hours at a stretch.


    http://www.direct.gov.uk/en/Employme...ff/DG_10029451
  7. frogout's Avatar
    • Vengeful, Imperial Overlord of The Student Room
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    I thought the "European health and social act" says that you have to have a break every 4 hours :idea2:
  8. DJkG.1's Avatar
    • TSR Idol
    • Location: LDN, England
    • Posts: 7,785
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    You work five consecutive hours in retail and you're complaining. :rolleyes:

    It can't be exactly backbreaking labour they make you do. Stop looking at petty legal entitlements now and get on with your work, and be grateful you even have a job in this recession!

    And no, the employer is not doing anything wrong so just to confirm you have no legal claim to a break in your present situation.
  9. Drewski's Avatar
    • TSR Legend
    • Posts: 13,492
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    (Original post by priceless_beauty)
    but a friend of mine told me that by law i am entitled to a 15 minute break if i am working 5 hours straight regardless of age

    But if you had 15 minutes off you wouldn't be working 5 hours, you'd be working 4hrs 45 and would therefore be ineligible.

    Its 5hrs+, as everyone else is saying. Grin and bear it, think of the money.
  10. lm_wfc's Avatar
    • Peer Of The TSR Realm
    • Posts: 1,903
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    (Original post by neodymium)
    5 hrs in retail isn't exactly that tiring, is it?
    This, OP is a lightweight.
  11. DMed's Avatar
    • Peer Of The TSR Realm
    • Location: Liverpool, Merseyside
    • Posts: 1,453
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    Yep, all legit, on shifts less than 6 hours any break is a goodwill gesture.

    Basically the main biggies are:
    *a 30 minute break for each period of 6 hours (or any part thereof beyond 6 hours)
    *no more than 48 hours in any given 7 day period
    *an 11 hour break between any two shifts
    *at least one day off a week (need not be at a weekend)

    However you can opt out of the working time directive.
  12. nolongerhearthemusic's Avatar
    • TSR Idol
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    I thought it was 5 hours as well... oh well, I've never worked that long.
  13. Dubstepper's Avatar
    • Benevolent Member
    • Location: East Northants/Manchester
    • Posts: 676
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    im sure u have to have a break every 4 hours of working for 15mins..

    i work 4 hour shifts and i get one 15mins break (toilet, fag etc).
  14. gez_09*'s Avatar
    • Exalted Member
    • Location: East Midlands
    • Posts: 275
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    (Original post by priceless_beauty)
    Hi

    basically i work in retail in a well known clothing store.

    I work 5 hours on saturday (9am-2pm) and 5 hours on sunday (12am-5pm)

    basically on both sat and sun i dont get a single break and have to work 5 hours straight with no break.

    I asked the manager and she said that because i am 18, if i am working 5 hours or less they do not have to give me a break at all, its only if i am working 6 hours i will be entitled to a break, but a friend of mine told me that by law i am entitled to a 15 minute break if i am working 5 hours straight regardless of age

    Can anyone shed some light?

    Should i be getting a 15 minute break, or is what they are doing perfectly within the law.
    Sorry but they r right. If you work longer than 5 hours then you are entitled to a break. I'm not 100% on how long/age limits though.

    When I was 16 I used to work 6 hours on a Saturday and the same on Sunday, and I got half an hour for a break. I think I was just lucky though cos I wasn't entitled to it
  15. small&mighty's Avatar
    • Benevolent Member
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    (Original post by gez_09*)
    Sorry but they r right. If you work longer than 5 hours then you are entitled to a break. I'm not 100% on how long/age limits though.

    When I was 16 I used to work 6 hours on a Saturday and the same on Sunday, and I got half an hour for a break. I think I was just lucky though cos I wasn't entitled to it
    What you got was what you were entitled to.

    And if you work a 5 hour shift and are under 18, they are meant to give you a 15 minute break, but the way they work it where I work is they give you a shift for 5 hours and 15 minutes, so you're still being paid for 5 hours.
  16. TheJeebs's Avatar
    • Peer Of The TSR Realm
    • Location: Oban/Sunny Dundee
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    Haha, what a **** complaint. Of course it's legal.
  17. gez_09*'s Avatar
    • Exalted Member
    • Location: East Midlands
    • Posts: 275
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    (Original post by small&mighty)
    What you got was what you were entitled to.

    And if you work a 5 hour shift and are under 18, they are meant to give you a 15 minute break, but the way they work it where I work is they give you a shift for 5 hours and 15 minutes, so you're still being paid for 5 hours.
    Fair enough. Shame it changes once you're over 18 lol
  18. echo_magic's Avatar
    • Junior Member
    • Posts: 69
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    it's prefectly legal.

    But god when you get a real job you will **** your pants. I do 10hr night shifts, i get a 30 minute break, not a great deal you can do at night.
  19. OhNO!'s Avatar
    • TSR Demigod
    • Location: south madchester
    • Posts: 5,257
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    if I were working 5 hours straight, I think I'd get a 10 minute break. But then again, I don't work in retail.

    It's not exactly strenuous, like it or lump it.
  20. Sky_Dream's Avatar
    • Peer Of The TSR Realm
    • Location: London
    • Posts: 1,621
    Re: I work in retail, do a 5 hour shift and dont get a single break, is that legal?
    (Original post by echo_magic)
    it's prefectly legal.

    But god when you get a real job you will **** your pants. I do 10hr night shifts, i get a 30 minute break, not a great deal you can do at night.
    Me too, i do like 10 hour shifts with just one 30 minute break and can be doing 5pm until 4am, and then coming back at 12.30pm to do another shift. I'm grateful for having a job though.
    Although OP, i thought that if you were under 18 it meant that you were allowed a 30 minute break for working 4.5 hours, i could be wrong though.
    Last edited by Sky_Dream; 11-07-2009 at 03:53.
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