DH not clocking out for breaks and not being paid

Dh works in a factory - there are usually about 10-20 people working there but in winter it practically shuts down and there is only three of them there.

This week- the other two guys havent been there- so DH is there on his own. He hasnt been able to take his lunch break (the full half hour unpaid one) as it means shutting down a machine that takes half an hour to shut down - half an hour to start up again and the boss says he wants it running all day.

He is able to take his 15 minute break but not his half an hour.

So this week he hasnt clocked off for his breaks and got his pay slip and he has been docked his half hour breaks even though he didnt take them. And he did not clock off.

He had a chat with his boss who basically told him its mandatory to take his break- in the same sentence says he wants the machine not to stop...

So my ****-stirring dh today shut the machine down and clocked off- and the phone rang a few times during his break and he didnt answer it, turns out it was the boss and when he did answer the phone (after he clocked back on) he

a) got in trouble for not answering the phone to which he replied - I was on my break from all duties and

b) got into trouble for shutting the machine down.

So i guess i am asking where does he stand with this? Should he have been paid for those break he didnt take and should he sit back and not work while he is not being paid??

And if he continues to be a **** stirrer and loses his job is that unfair dismissal or is it actually him standing up for his rights???

Thanks for reading!! TIA

Legally his employer HAS to allow him his half hour break from all duties. That's why his pay has been docked, so yes, your DH is entitled to shut down the machine and ignore the phone. If he does happen to lose his job it would definitely be unfair dismissal!

Is he part of a union that he could go to? I would recommend that DH sit down with the employer and discuss the problem, rather than just shutting down, KWIM? At least then if things hit the fan, he can say that he tried to be reasonable and speak to the employer.

Regardless of whether he is being paid, it is more of a safety issue and he should be entitled to more than a 15 minute break. But I always take a break if I am not being paid for it. My time is not free (there are times when I would sit at my desk to help out with overflow, but not actively do anything if it wasn't required).

If management want the machine operational in this time, they should be allocating someone to man in while your DH takes a break. IT is not your DH's fault there isn't enough staff there.

Even though your husband is just standing up for himself, I would try to encourage him not to do it in a smarta$$ way. If reduncdancies come about, that can be used against him (not legally) when management are making their decisions..

Nope, it's not even stirring - he isn't allowing himself to be taken advantage of and adhereing to OHS laws/requirements.

He might have to make it clear a few more times. The boss certainly will know the rules and is probably trying it on. Good on your DH !

Thanks girls- what about the days he has been docked and didnt actually take his break? Is he able to ask them to pay him for those times??

Sunflowa.. he tried talking to the boss and like i said in the opening post- he just condradicts himself with his expectation- dont turn machine off- have your break!

LuLu.. I will show DH your response when he gets home- he will love that!!

I spoke to him before- and he said he felt stupid sitting there for half an hour doing nothing- he would actually be happier to work through as he see's it as a waste of his time shutting down and restarting the machine- but its just if he does work through- he expects to be paid for it. But i guess there are laws that say he shouldnt do that.

Thanks again everyone!!

They cannot ask your DH to work through his break and then not pay him. If they require him to have his break, they need to get someone to fill in for him during that time. If that is not possible, they have to pay him. Simple as that. So either they want him to have his break, or they don't - your DH needs to have another chat to his boss and make him be clear about their position on this. If he is told that he needs to take a break, he can then say to the boss that he cannot take a break without turning the machine off because he cannot leave it running unattended - so they either need to get someone to fill in for him, or they need to just deal with the fact that the machine will be turned off.

What union is he in ? I pay my blokes if they work through lunch, its the right thing to do.

The unions hate the guys working through, but understand it sometimes has to happen.

He needs to speak to his boss, say he is happy to work thru, he wants to be paid for it .

He should request something like an RDO or time in lieu for it. And definately seek the unions advice. I think they will offer basic advice to someone who isn't a member if he isn't one.

Thanks everyone- we have had a busy evening looking up things in the net and he is going to have a chat to his boss on monday. The other guys will be back next week- but he is still dirty about the pay he has missed out on this week- so he will be chasing it up.

Thanks again

I agree with what the others have said.

We have an issue at work where one of our workers continually works through his lunch (despite being told to take the time off) and then he approached us and asked to have it all accrued so that he can take a week off!!!!
I have explained that he MUST take his breaks, it is a health and safety issue to continually work through.

Your DH is quite within his rights to take his break, he should also be allowed to leave the premises if he chooses (so long as he is able to resume his duties 30 minutes after clocking off.) OHS legislation doesnt ACTUALLY say that you must have 30 minutes break, just as it no longer gives weight limits on things that you can lift... it gives recommendations and guides to which must be applied to tasks... this is to safeguard staff in other areas, ie continuous repetitive tasks should not be performed for more than 2 hours without a break - this doesnt mean that you have to have a full break, but just rotate tasks IYKWIM... So he can work through his break, he just has to be paid for it.
His bosses also need to realise that productivity will decrease the longer a staff member workes without a rest - so it would probably be to their advantage for your DH to have a break...

If we ask our staff to work through their break (rarely but occasionally occurs) they leave early and are paid for the time that they work OR they accrue time in lieu (we only put our foot down when staff make their own decisions about working through and then requesting time)

Honestly, how does this boss expect your DH to continue to function without a break throughout the day? Imagine if he was diabetic and needed to eat...
i am assuming the machine must be manned the whole time that it is in operation? what about if he needs to wee???? (this would be a massive issue for me!)

Good luck with it all. It does seem a bit unreasonable to have him working alone and without the ability to have a break.