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???
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..
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.
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.
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.
DH not clocking out for breaks and not being paid
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