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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work a rotating shift pattern of 06.00 to 14.30 Monday

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Hi I work a rotating shift pattern of 06.00 to 14.30 Monday to Friday one week and the next I work 14.30 to 00.30 Monday to Thursday each a 40 hour week . Today I have been told by H.R that for Christmas week I will have to make up 10 hours because we cannot work a late shift Christmas eve because it goes into Christmas day also that they want everyone finished by dinner time Christmas eve. The early shift will be paid for a 40 hours but only working 32 at most , the late shift though working 30 hours not getting the bank holiday Friday as their last day of that week is Wednesday . Can you please tell me if this is correct. I have also been told that because I work a weekly rotating shift pattern I should be getting a shift allowance and 20 minute paid break a day.
Regards P.Vallet
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. You mean whether the breaks the correct amount of time?
Customer: replied 2 years ago.
Yes, but mainly is it also correct about not being entitled to the bank holiday payment i.e. Christmas day
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Legally there is nothing stopping the employer from doing what they have done. I know that there is a difference in how each shift is treated but in law there is no requirement for both shifts to be treated the same. It is not discrimination, because that only occurs if you are being treated detrimentally because of age, gender, race, religion, disability, etc. The reason for the difference in treatment here is the shift pattern, not any of the restricted reasons I mentioned, so it is not unlawful. It may be morally wrong and general unfairness but not unlawful. So legally it cant be challenged but an internal complaint can be submitted if necessary.
As to the breaks, by law you are entitled to a 20 minute break for every 6 hours of work. However these are not paid. So if you work 8.5 hours each shift you are still only entitled to 20 mins per shift and it does not have to be paid.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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