Not getting required breaks at job

[filthiestfis]

I am furious. My GF has just come back from working at Nandos, a double shift, from 11am to 9pm, and the bast@rds at work didnt give her a 20 minute break until 6pm. She is entitled to a break within 6 hours, right?
According to her handbook, she is entitled to 2 breaks during a double shift yet they only gave her one because it was so busy.
How can they get away with this? I am so angry that I canot do anything >:I
Not only that, but they never have time to speak to her. Before her 1st shift begun, she asked some questions to the manager, and he said "I dont know" and left.
She needs a letter from them in order to declare to the home office that she has started a new job. This letter must reach them within 30 days of starting a new job.
She has until the 20th of this month to get that letter to them, otherwise she will be working unlawfully. The manager told her that he would speak with her later on during the day but it never happened. They then told her that they are so busy that they wont have time for days to write this simple letter.
What can she do? Just put up with it?
If I was her, I would be ordering them to be granted time to speak with the personnel manager.

[Buenchico]

(2-part post):

Quote: "She is entitled to a break within 6 hours, right? "

Answer: Wrong. The only statutory entitlement (as opposed to a contractual entitlement) to a break is that anyone who works over 6 hours must be given one 20-minute (unpaid) break. That entitlement is neither 'pro rata' nor 'cumulative'. If someone works a 24-hour shift, they're still only entitled to a single 20-minute break.

The company might being breach of their contractual duty but they've complied with their statutory one. If they normally don't pay staff during their breaks but continued to pay your girlfriend during the 20 minutes that she worked (instead of getting a break) it's likely that they've provided adequate compensation for their contractual breach.

[Buenchico]

If your girlfriend wants to hassle to get that letter, she should first ask whether the branch she works for is owned by Nando's or is a franchise operation. (That might be self-evident from her pay slip anyway. If it's a managed branch, rather than a franchise, her pay slip will probably be on official Nando's paperwork. If it's not, it's probably a franchise).

If the branch is franchised, she's not actually working for Nando's, but for the franchise holder (who is, presumably, her boss at work). In which case, all she can do is to continue hassling him, possibly by turning up at the branch, during quiet periods when she's not working, and making it clear that she's not leaving until she gets her letter.

If the branch is managed, she needs to go over her boss's head and speak to someone in Nando's HR department. The company handbook should contain the appropriate details. Otherwise try phoning 0800 975 8181 and asking to speak to the HR manager.

Chris

PS: Thanks for your replies to my question in 'Food' ;-)

[Twenty20]

"If I was her, I would be ordering them to be granted time to speak with the personnel manager."

Just as well youre not her then or she might be looking for another job! I cant see that ordering the boss to do something will go down too well in any situation.

[filthiestfis]

Thanks for your response Buenchico. I am shocked to learn that a company's minimum requirement is to provide an unpaid 20 minute break in the space of 24 hours. How can this be right?
Twenty20: I do not have the patience to be having to ask any manager not once but several times for something I need. I believe in a fair, balanced working relationship, and not just take take take by the employer. Ok, so it might not go down well, but if you make a reasonable request, and they keep saying that they will do it for you, day after day, without seeing results, how would you respond to that?
I believe that every employee is entitled to time to speak with their employer about issues, whether it be by appointment or not. Surely you cannot be denied THAT?

[lorihayes]

http://www.adviceguide.org.uk/index/life/emplo yment/basic_rights_at_work.htm not allowed to work 24 hour shift its against human rights and health and safety