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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61658
Experience:  Qualified Solicitor
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For how do you have to have been employed by a company

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For how long do you have to have been employed by a company before you are covered by this act?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: None of these people. Our granddaughter is a careworked with severely hAndicapped young people and is working 15 hour shifts. She is so tired she has difficulty staying awake. I wonder if this is constructive dismissal
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees - I am not aware of any union help
JA: Anything else you want the lawyer to know before I connect you?
Customer: She has been working for them for about 3 months

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

Which Act are you specifically asking about?

Customer: replied 5 months ago.
Any Act. The conversation started with my daughter who said that my granddaughter had no employment rights until she had worked for the company a number of years. She is not a lawyer so I thought I would ask someone who is

Thank you. it is indeed correct that most employment rights apply once an employee has been working for their employer for at least 2 years. This includes protection against unfair dismissal or constructive dismissal. However there are day one rights which apply from the start of their employment and do not depend on length of service.

The most relevant ones here would be to do with working times and rest breaks. In general, workers have the right to receive at least 11 hours uninterrupted daily rest in a 24 hour period. If she is working 15 hour shifts then that prevents her from taking 11 hours rest in a 24h period, which means that the shift should really be 13 hours only.

However, care work is one of the excepted special cases of workers, where these requirements do not apply strictly and an employer can work around them So for example they can give her less than the required rest, as long as they give her ‘compensatory rest’ soon after instead. So they could give her additional rest the next day or a couple of days later to make up for the lost rest due to working through what would have been her rest period.

The regulations suggest that, as long as a worker receives at least 90 hours' rest per week on average, then the rest obligations are being met.

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