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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 54538
Experience:  Qualified Employment Solicitor
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Working full time starting at 4.30 am till 13.00 I would

Customer Question

Working full time starting at 4.30 am till 13.00 I would like to know my legal break time
I am working for swissport and I am diabetic and need to TAKE insulin
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

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

Expert:  Ben Jones replied 6 months ago.

So do you get a break at the moment and if so, how long is it for? Also, how long have you worked for this employer?

Customer: replied 6 months ago.
I am working with swissport LTD for last many Years17 years I am getting my break for once a day previous it was 40 mins and suddenly they changed to 30 mins
Expert:  Ben Jones replied 6 months ago.

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 6 months ago.

Hi there, sorry I could not het back to you earlier, my internet went down and they have only just repaired it.

Going back to your query, the Working Time Regulations state that a worker who works at least 6 hours is entitled to take a 20 minute break. So the employer is already giving you the minimum break time required by law. Only if you work for more than 12 hours does the right to another 20 minute break apply.

However, as you are diabetic, you should get the opportunity to have a break whenever you need to take insulin (assuming you cannot take it whilst working). The employer would have an obligation to allow that under disability discrimination laws, specifically under the Equality Act 2010 which requires them to make reasonable adjustments. In this case, it would be a reasonable adjustment to allow breaks, as and when necessary, for you to take insulin to deal with your diabetes.

Does this answer your query?

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 6 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks