News1 min ago
employement law
3 Answers
my younger brother works as an agency worker in an office, lately he only takes 15minutes for his lunch and takes no breaks during morning or afternoon, where he works is badly understaffed and he says he cant afford to take any longer breaks as the work will not get done, am i right in thinking this is a breach of employement law?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Depends on how many hours he works. If he's working a regular 8 hour day or longer then yeah, it's in breach of the Working Time Directive. I think the minimum is a 20min break in anything longer than a 5hr shift and then once you go over an 8hr shift the allowance increases, although you would need to double check that. But it is possible to sign a contract waiving these rights, either willingly or inadvertently!
If a worker is required to work for more than six hours at a stretch, he or she is entitled to a rest break of 20 minutes. The exact time the breaks are taken is up to the employer to decide.
(Workers under 18 are entitled to a 30 min break if working for more than 4.5 hours at a stretch)
Employers must make sure that workers can take their rest, but are not required to make sure they do take their rest.
Don't forget tho most of us aren't paid for our lunch break so if that applies to your brother he is fully entitled to not work for that entire hour.
http://www.legislation.hmso.gov.uk/si/si1998/19981833.htm#12