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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60451
Experience:  Qualified Employment Solicitor
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I'm a live in carer and have agreed to work 2 weeks 1 week

Customer Question

I'm a live in carer and have agreed to work 2 weeks 1 week off my last day here being the 14th then back on the 21st and work another 2 weeks.
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I have it on writing that my last day is the 14th now they called yesterday saying they can't find cover for me to leave on Monday. I have to go because I have an appointment signing of contract. I don't want to work 35 days 5 weeks without a day off which they are trying to force me to do. Its like slave labour or like I'm being imprisoned against my will it must be unlawful. I get paid 10 hours a day and work 12plus but my concern is I need my week off I don't want to be worked to death, it's like their trying to kill me.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm employed by a London agency and look after a woman in Wales who has dementia
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Just that they provide no cover for my break times and the woman's not save to leave I've told them. I hardly ever get out the house or get my full 2 hours a day off. Just do worried they will hold me here next week against my will and what was agreed 2 weeks ago
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 days ago.

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

Expert:  Ben Jones replied 7 days ago.

So how long have you worked there for and what is your actual notice period?

Customer: replied 7 days ago.
I've worked for the care company for over a year. Every assignments different I agreed to come here on the 27th September for a 2wk on 1wk off then back 2 wks period. How can they force someone to work 5 weeks because they can't do their jobs and find cover for my break days that must be unlawful
Customer: replied 7 days ago.
you don't want to help him at want money cheers
Expert:  Ben Jones replied 7 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 7 days ago.

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost.

Expert:  Ben Jones replied 6 days ago.

Many thanks for your patience. Despite the fact that they are likely braking working time laws by not even giving you an opportunity to have at least some time off, they could also be breaching health and safety laws.

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.

So if you are working so much that it is impacting your health, they could be breaching the above legal rules.

No one can force you to work for them during that time, even if they have been unable to find you any cover. You need to make it clear to them that whilst you will discharge your contractual obligation and work up until it was agreed, after that it is up to them to ensure they have found cover and you will not be forced to continue working, especially when they are not complying with their own legal obligations.

Does this answer your query?

Expert:  Ben Jones replied 5 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 4 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you