How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MatthewM1117 Your Own Question
MatthewM1117
MatthewM1117,
Category: Law
Satisfied Customers: 667
Experience:  Expert
110754241
Type Your Law Question Here...
MatthewM1117 is online now

My daughter is 18, she is working for a restaurant as a

Customer Question

Hi my daughter is 18, she is working for a restaurant as a commi chef, they make her work ten days straight and she has worked 14 hours with just a five minute break, she has ask her manager about the way she is being treated bur he just says it's the job.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Just her manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees she been there almost three months
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 20 days ago.
Category: Law
Expert:  MatthewM1117 replied 20 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. I am sorry to hear about your daughters circumstances, when she started work for the company are you aware whether she opted out of the working time directive?

Customer: replied 20 days ago.
I'm sure she did
Customer: replied 20 days ago.
Hi
Customer: replied 20 days ago.
But she is not having proper breaks
Customer: replied 20 days ago.
Are you still there?
Expert:  MatthewM1117 replied 20 days ago.

Thank you for the confirmation, if your daughter did sign out of the working time directive this means that she can work more than 48 hours a week.

That being said, there are two concerns firstly the minimum rest period in a 24-hour period should not be less than 11 consecutive hours between shifts

In addition, to this she is entitled to a 30-minute lunch break these requirements under the working time directive cannont be opted out off.

Expert:  MatthewM1117 replied 20 days ago.

Do you have a follow up questions?

Expert:  MatthewM1117 replied 20 days ago.

Firstly, I would advise that your daughter should raises a formal grievance,  the following link should assist your daughter in raising a grievance: https://www.acas.org.uk/grievance-procedure-step-by-step/step-2-raising-a-formal-grievance

If this does not resolve the matter, it would appear that your daughter could pursue a claim under the Working Time Regulations, to commence this you would need to enter into conciliation with ACAS, using the following link: https://tell.acas.org.uk/

This is a free and impartial service whereby ACAS will try to resolve the matter between yourselves and ACAS, if this fails they will issue a certificate allowing you to bring a claim to the employment tribunal.