Employment Law-Legal?

[KX]

As you know me and OH work as Antisocial Behaviour Officers for our Council. We operate a "standby"service, where after 5 at night people can ring us up throughout the night and we will attend to witness problems to progress cases to court.(each allocated 2 nights a month roughly)

Anyhoo, last night Dale was on standby-he still has to do a normal working day-was in at 8-4, then 1st standby call was 6.45pm and that was him til 7.25am this morning-there was call after call, across Edinburgh.

He said he could feel himself falling asleep at the whhel-shocking but understandable.

Technically he was working 24 hours, is that legal? Or will they get away with it the fact that he had a 2hour break between finishing work and first call?Bearing in mind that an hour was travelling home

(On the plus side it was £17per hour -time and a half)

 

[Helen]

Hi Karrina

This is covered under the working time regulations.

1. For every 6 hours someone works they are entitled to a minimum of a 20 minute break.

2. Workers are also entitled to a rest period of not less than 11 consecutive hours in each 24-hour period during which he works for his employer,

It's going to be difficult to argue if it's two different employers that you are talking about. After all, how could either one be sure that you were taking sufficient breaks?

Employers are also obliged to provide a safe working environment, this should have been risk assessed.

Hope that helps.

Helen

 

[KX]

Yeah, but this is the one employer, local government-bloody ridiculous. So he is up in his bed sleeping the day away-what a waste of a day

Thanks Helen xxxx

 

[ImTheDaddy]

I think that if he has to drive on top of everything then they have an obligation of care and should not make someone do a Night Shift after a full days work.

Is there not a union?

Get advice from them of you do!

If he drove for a living you can only work for 15hours in total, and must have certain breaks every so often, I think 15mins in 2hours then 30 mins evry 4 hours.