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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51206
Experience:  Qualified Employment Solicitor
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How many hours is it legal for one person to support someone

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How many hours is it legal for one person to support someone in a room with the music on full and have to sit on the settee with no break.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When you say to support someone what do you mean?

Customer: replied 4 months ago.
They have mental health issues and are autistic.their autism is low on the spectrum.
Customer: replied 4 months ago.
If they chose not to move off the settee or get out of bed . Staff have to sit all shift with the persons music on full.

Thank you. The right to have rest breaks is determined by the Working Time Regulations, which state that a worker must have at least a 20-minute rest break for every 6 hours of work. So if you have at least a 6 hour shift, you must be allowed a 20-minute break away from the work you would usually be doing there. However, certain jobs are exempt from this, and unfortunately care work is one of them. It does not mean you cannot have breaks, but if the employer needs to provide a continuous service and a break is not convenient or possible, they can require the workers to go for a longer period of time without a break, as long they provide ‘compensatory rest’, meaning that they allow them to take the missed break at a later time.

When it comes to the loud music, this would be a health and safety issue. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:

{C}· Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”

{C}· Ensure that places of work under the employer's control are, so far as is reasonably practicable, safe for work and without risks to health

{C}· Provide and maintain a safe working environment with adequate facilities and arrangements for welfare at work.

The Health and Safety Executive is the central enforcing body for health and safety law, so any breaches of health and safety can be reported to it if necessary.

However, health and safety failings can also amount to a breach by the employer of the implied term of trust and confidence. This is an implied term which exists in every employment relationship and its breach can allow the employee to consider resigning and claiming constructive dismissal, subject to having at least 2 years’ service.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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