8. Working time
These rights apply regardless of contract type, including zero-hours and agency workers. Employers must not undermine them through poor rostering, misclassification, or unpaid standby hours.
“ Where employers do not provide statutory breaks, workers can bring claims even without making a request for a break first.” – Grange v Abellio London Ltd [ 2016 ]
“ Some care homes give four-hour sleep shifts in the middle of a 14-hour day. That’ s not rest – it’ s exhaustion.” – UNISON caseworker
Practical guidance and tools
Step 1: Ask the right questions
Begin by asking about the member’ s typical shift pattern, how many hours they work each week, and whether they’ re paid for all the time they’ re expected to be available – including travel and standby hours. Clarify whether they are receiving appropriate rest breaks, and whether any opt-out forms have been signed if they regularly exceed 48 hours a week.
Step 2: Gather evidence
Encourage the member to use a work log to record hours, breaks, travel time, and unpaid time( see resources section). Reps should also try to collect supporting documents such as payslips, shift rotas, contracts, and bank statements. This information is often vital for establishing whether the worker’ s pay falls below the legal minimum once all time is properly accounted for.
Step 3: Support action
Where breaches are clear, reps can support the member to raise concerns informally with the employer if they feel safe doing so. If informal resolution is unsuccessful or the breach is serious, options include submitting a grievance, reporting to HMRC if pay is falling below the minimum wage( see Chapter 9), or supporting the worker in making a tribunal claim. Actions should always align with the worker’ s own priorities and consent.
Step 4: Use available tools
Useful tools include UNISON’ s work log template( see example on next page and resources section), sample letters for raising concerns, and the HMRC minimum wage complaint portal.
“ We always say – start recording your hours, because that’ s what the legal team will need.” – UNISON branch secretary
44 LRD • Supporting migrant workers