The law and break/rest time and call centres

LeperousDust · 27 May 2006 at 20:27

Could someone in the know give me a short run down of what I’m entitled to break/rest wise at work. I assumed it was all the same no matter where you worked but I fell across this which may seem to suggest call centres are slightly different?

I'd just like to know because me breaks as of today worked out like so:

Arrive at 8:30 start work and check break sheet
First break 9:30 (for 15 mins)
Second break 11:30 (for 30 mins)
Third break 15:00 (for 15 mins)

We’re on pretty strict breaks, but we are a time critical call centre so I do understand why. Now I begrudgingly took a break an hour after I got into work. But I forgot about the my lunch break and only noticed at 12:00 (what can I say, my work must be fun

) So I just checked with a team leader and was basically told no you’ve missed it your not entitled to one now because we can't fit you in.

By 15:00 I was rather peeved to say the least, and caught my team leader in the break room whilst I was on mine, and cut a long story short I argued the toss and said it was very unfair of them to treat me like this. My point was I didn't mind how I got this break I missed whether they scheduled me another one or if I left work early or even if they just paid me over time, but I wanted something as I’m entitled (I think

) to this break. I got my break, and a letter outlining my "fact finding meeting" on Monday (whoop!) which means I’ll probably end up with a disciplinary by the looks of things after that.

So where did, and do I stand now? Anything I should be aware of? If this goes to disciplinary I’ll grab my union rep and make sure they're sitting in with me of course

.

Danke shon!

Kell_ee001 · 27 May 2006 at 20:29

You doing a stardard 8 hour ahift or more? If so, you gave to have a lunch break.

yer_averagejoe · 27 May 2006 at 20:33

If it was me I probably would have gone for the break anyway. If they fired you, they'd have been in the wrong. But i guess you didnt know that?

Piggymon · 27 May 2006 at 20:40

You're not working for Manpower are ya ?

I used to work for Nthell in tech support which then got outsourced to IBM who futher outsourced all " front line " staff to Manpower

Breaks/Lunches were strict with regards time taken but we were left up to us to decide when to have our breaks ( 1 x 10 , 1 x lunch and then 1 further x 10 ) we were working 8 hour shifts so most of us would just be sensible and taken them at 2 hour intervals

When we got chucked over to Manpower we had the scheduled breaks in and whilst I can understand the reasoning for it ( making sure enough bodies on phones etc ) it didn't half used to **** me off when I'd have a break 1 hour into my shift ( I didn't need one then ) and then sometimes 3 hours between breaks ! .. when you're constantly ( and I mean constantly ) taking calls with a 30 second gap inbetween it's bloody tiring !

We would have to phone the Q desk and ASK permission to go for our break/lunch if it was outside of the alloted time and also when it was busy we had to ask if we could log into Personal to use the loo

I don't care WHAT you paid me I would never ever set foot in a call centre EVER AGAIN ! :mad:

semi-pro waster · 27 May 2006 at 20:41

I've just quickly read through that link so I can't guarantee that I haven't missed something but it doesn't appear to cover anything to do with your breaks(aside from you should get at least 10 minutes screen break every 2 hours).

So basically they are due you the breaks you are legally entitled to, 15 minutes every 4 hours I think it was last time I checked. They can't opt out of that although you can opt out of the Working Time Regulations in regard to overtime, however you still must get your breaks.

LeperousDust · 27 May 2006 at 20:42

Well I know they actually need me, I gave them benefit of the doubt to reschedule me a break, because it was my fault that I missed it (even though it's purely an accident). I was going to leave half an hour early if nothing else came of it don’t worry!

Is there anything to say it's my right to have a break though? Because without the lunch I’d still have had 30 mins over the whole day. That’s why I’m asking, I need a little ammo for this "fact finding meeting" on Monday. I also can't afford to be fired just yet

.

Piggymon · 27 May 2006 at 20:44

Sorry Alex, I went off on a rant and wasn't very helpful

semi-pro waster , Nthell and Manpower used to get away with the screen break by saying we could look around the call centre if we wanted to :rolleyes:

LeperousDust · 27 May 2006 at 20:44

Piggymon said:
You're not working for Manpower are ya ?

Nope, but it sounds the same, everything you've said below is how i feel. I've argued the toss with the break an HOUR into my day so many times i'm getting bored! =/

I can work 3-4 hours before i need a break when i get into work, by that time i've had two the way they work! As i said i can understand why the breaks are how they are though... But today i kinda turned on her because of her cold shoulder attitude. No swearing but i held my point, i got my way but landed me with a meeting, meh

.

Piggymon said:
When we got chucked over to Manpower we had the scheduled breaks in and whilst I can understand the reasoning for it ( making sure enough bodies on phones etc ) it didn't half used to **** me off when I'd have a break 1 hour into my shift ( I didn't need one then ) and then sometimes 3 hours between breaks ! .. when you're constantly ( and I mean constantly ) taking calls with a 30 second gap inbetween it's bloody tiring !

We would have to phone the Q desk and ASK permission to go for our break/lunch if it was outside of the alloted time and also when it was busy we had to ask if we could log into Personal to use the loo

I don't care WHAT you paid me I would never ever set foot in a call centre EVER AGAIN !

semi-pro waster · 27 May 2006 at 20:46

Hand them a copy of the Working Time Regulations but don't do anything as silly as trying to print it all out using your own printer, that is what they have a printer for

Section 12 is the one you require although you will have to check your contract to find out the "collective agreement or a workforce agreement"

LeperousDust · 27 May 2006 at 20:47

Piggymon said:
Sorry Alex, I went off on a rant and wasn't very helpful

semi-pro waster , Nthell and Manpower used to get away with the screen break by saying we could look around the call centre if we wanted to

HAHA! I got told this, the ********!
Them: "You can look out of the window, so those rules don't apply"
Me: *points* "You mean the one with the blind down so there isn't any screen glare?" //Cheeky

I take a call roughly <10 seconds for <1min generally (but i did have an hour long call today =/ i'll get marked down for that :rolleyes:

). Surely that constitutes looking at a screen constantly?

LeperousDust · 27 May 2006 at 20:49

semi-pro waster said:
Hand them a copy of the Working Time Regulations but don't do anything as silly as trying to print it all out using your own printer, that is what they have a printer for Section 12 is the one you require although you will have to check your contract to find out the "collective agreement or a workforce agreement"

Thank you so much! I'm trying to find my contract now, I’m in the middle of redecorating and I’m in a total mess. I was going to check over my contract anyways, because this disciplinary will be on the ground of "non ethereal to breaks" which I’m sure is not mentioned as misconduct in my contract I signed.

Piggymon · 27 May 2006 at 20:50

LeperousDust said:
HAHA! I got told this, the ********!
Them: "You can look out of the window, so those rules don't apply"
Me: *points* "You mean the one with the blind down so there isn't any screen glare?" //Cheeky

I take a call roughly <10 seconds for <1min generally (but i did have an hour long call today =/ i'll get marked down for that ). Surely that constitutes looking at a screen constantly?

If you have a spare hour or so ... read this :

http://forums.overclockers.co.uk/showthread.php?t=17406923

How long have you been working there ? ... I was in nthell for nearly 4 years .. 4 years too many

semi-pro waster · 27 May 2006 at 20:51

Piggymon said:
semi-pro waster , Nthell and Manpower used to get away with the screen break by saying we could look around the call centre if we wanted to

That is complete nonsense, I'd think that would have trouble standing up if it ever came to an Industrial Tribunal. It isn't like there are any jobs where you are actually yoked to a VDU so you can always look around you, therefore I'd say they were on pretty shaky ground and certainly not within the spirit of the legislation.

I have worked in a call centre before albeit it was part time and possibly the easiest campaign ever invented so I wasn't overly bothered about the allowed screen breaks and I didn't often work over 4 hours anyway apart from odd Saturdays.

LeperousDust · 27 May 2006 at 21:02

semi-pro waster said:
I have worked in a call centre before albeit it was part time and possibly the easiest campaign ever invented so I wasn't overly bothered about the allowed screen breaks and I didn't often work over 4 hours anyway apart from odd Saturdays.

I've got a 9:30am 'till midnight shift on monday, God help me.

Piggymon said:
If you have a spare hour or so ... read this :

http://forums.overclockers.co.uk/showthread.php?t=17406923

How long have you been working there ? ... I was in nthell for nearly 4 years .. 4 years too many

I remember you posting that! Awww poor Piggy

I don't have a spare hour just yet but I'll have another read, presently i'm trying to find my contract (eek) and formulate a response that is intelligent and won't buy me a disciplinary.

kdd · 27 May 2006 at 21:12

Tell them to shove their call centre job and find a better one. You'd be glad you did in the long run.

LeperousDust · 27 May 2006 at 21:21

kdd said:
Tell them to shove their call centre job and find a better one. You'd be glad you did in the long run.

I'm leaving in three months, i just don't want to lose this then have to find a job inbetween (i can't afford to, damn meets

). I'm allowed three disciplinaries, so i've got to keep them to one a month

LeperousDust · 27 May 2006 at 23:24

Just had a good 'ole read of your thread Piggy, it makes me sick and angry. Especially Leons post there, it sounds exactly how i'm being treated at the moment too. I refuse to give in, bow or buckle under their pressure, they will not force me out of this job just because they don't like the fact i have a spine unlike 90% odd of the people i know working there.

RE:Semi-pro waster i've read that link:

12. - (1) Where an adult worker's daily working time is more than six hours, he is entitled to a rest break.

(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

(4) Where a young worker's daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.

(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.

As i said before how can i argue this, because over the day i will have had 30 minutes break (two 15 minute sessions, albeit with a 5hour 15 min gap inbetween). That link states 20, so i don't have a leg to stand on do i demanding my other 30 mins?

have i read that right?

//Edit: My stress levels are up just reading your thread! This is bad, outsourcing sucks majorly.

Piggymon · 27 May 2006 at 23:32

I had a read of it again and got very angry too

Then very happy knowing I've left it all behind and am in a job where my boss is awesome and the MD tells me how good I am

Hope you sort it out Alex. In all honesty if you're only planning on staying there a few months you're better off just keeping your head down and getting on with it :/

Socaddict · 27 May 2006 at 23:33

But it states a rest period of not less than 20 minutes.

this is singular. So you surely have to have at least one break that is 20 minutes or longer in your day.

Berserker · 27 May 2006 at 23:39

Piggymon said:
Hope you sort it out Alex. In all honesty if you're only planning on staying there a few months you're better off just keeping your head down and getting on with it

Agreed - it's really not worth getting yourself attention as a potential trouble-maker, no matter how frustrated you may be. It's best just to either get on with it or move on.