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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50173
Experience:  Qualified Solicitor
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I have worked employer in the restaurant industry for

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I have worked for my employer in the restaurant industry for nearly a year now and practically every shift I have worked has been over 6 hours and I have never received a rest break on any of my shifts. I am also told I am not allowed to eat food 'out the back' while on duty. I feel like they need someone to file a law suit to get their butt in gear. Is this something that can be done?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you raised a formal complaint with the employer?
Customer: replied 2 years ago.
I have not raised a formal complaint as of yet. If I were to do this how should I go about it?
Hello, as you appear to know, you are entitled to certain rest breaks during your working day if you work for at least 6 hours. In this case you would be entitled to an uninterrupted 20 minute rest break to be taken at some point during the working day. However you can't just make a claim against the employer for not allowing you to take the breaks you are due – there is no such claim available. Initially you would have to consider raising a formal complaint against the employer and that is done internally by raising a grievance. It is just a complaint toy raise with your line manager or by following the specific grievance policy in the workplace. If that does not resolve the issue then you only really have two options – one is to see how the employer deals with his and if they decide to dismiss you as a result. If that happens then you could claim unfair dismissal because you were dismissed as a result of the WTR. The other option is for you to resign and claim constructive dismissal on the same grounds.
So as you can see the only way to make a claim is when your employment terminates, either by dismissal or resignation. Aside from an internal grievance there is no other way to just make a claim against the employer for breaches of the WTR.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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