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cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13329
Experience:  Senior lawyer with 30 years experience
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My son faces a disciplinary hearing at work concerning allegations

Customer Question

My son faces a disciplinary hearing at work concerning allegations of gross misconduct (failing to follow a reasonable instruction)

Whilst this is disputed on the night before the alleged offence my son due to having been required to work overtime only recieved a 10.5 hour break between shifts.

Does this breach of WTR have any effect on the alleged offence and shoukd this be raised at the hearing
Submitted: 4 years ago.
Category: Employment Law
Expert:  cityguru replied 4 years ago.
There are exception to the requirement for rest break if there was a change in shift pattern or if there was some unforced able emergency. In any event if this was a one off it seems unlikely to be directly relevant to the alleged offence unless his mitigation is lack off sleep. I would focus on the allegation because a one off breach of the WTR is not going to be defence to gross misconduct.

Let me know what else I can tell you