Ask a Law Question, Get an Answer ASAP!
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?
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.
Does this answer your query?
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
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