Sleeping during breaks at work

[jamxtart]

Hi, husband does a week of nights every 5 weeks. Last Monday he fell asleep during his 20 minute break at work, he works in a factory and they do not have allocated break times just when its quiet. He was sat at his desk with his head in his hands. Night shift manager came in told him that machines needed fixing. Husband woke up straight away and went to fix the machine. Husband didn't have the requirement of a 20 mins break as the law says hes entitled to. Night shift manager has informed his normal manager and he now faces a disciplinary tomorrow. Anything he can say in his defence during this. There is nothing in company hand book or his contract that states he is not allowed to nap during break time. Husband did not go over 20 mins break either, he was actually under and was not in a deep sleep either just dozing. Any advice welcome. Thankyou

[bob561941]

join the union if you are not already a member

[albaqwerty]

I think it's ACAS who might be able to offer help. whether a union member or not

[pdust]

yeah i would say get help from union

i worked in factory and lots of people dozed during their breaks, but if he wasnt actually on a break (or they are looking at it as he wasnt) then its probably being seen differently....


*Husband didn't have the requirement of a 20 mins break as the law says hes entitled to*

by that do you mean he doesnt get proper breaks hes entitled to? if so mention that to the union too

[jamxtart]

Thankyou everyone. Think they are looking at it as if he wasn't on a break but i'm sure this would be difficult for them as he does not have set break times and did not have a break before then. Husband is not in a union either, so will see what happens tomorrow and may have to give acas a ring I think.

[pdust]

imo he would do well to join, the fees are just a few quid and if i hadnt been in union when i had problems at my last job i would have been out on my backside and had to write 'sacked for gross misconduct' as the reason for leaving when applying for future employment...... as it was the union man was fantastic and not only did the disciplinary go in my favour i also got an apology :)

[jamxtart]

Just another quick question relating to the above, as my husband does a week of night shifts every 5 weeks should he have been given the option to have a health assessment for night workers? If so he has never been offered one. Im just trying to get as much info as I can get so he can sting them with it lol, as his different sleeping patterns affect his stomach problems but as said before he has never been offered an assessment.

[factor-fiction]

I'm not totally clear about the circumstances here. I think you saying he doesn't have a specific break time but is entitled to a 20 minute break and is expected to take this break when it's quiet.
Does he have to ask for permission to take a break or let anyone know? Does he get paid for the full shift including the 20 minutes?
I just want to check he is entitled to a 20 minute break- how long is his shift?

[jamxtart]

Shift is for 8 hours, he does get paid for the full shift and no he doesn't have to let anybody know. Husband has break when bells have stopped ringing but frequently has to leave break to fix the machines when bells are ringing again. So therefore he sometimes does not get 20 mins break time. On the other hand the night shift manager may not have known he was on a break so reported him for sleeping on the job, but this same night shift manager spends most of his working time playing poker on computer. even though thats probably of little revelance.

[IggyB]

No need to get overly concerned at this stage, your husband should just tell his manager he was resting his eyes whilst on break and that he doesn't hold it against the night manager for disturbing him as he is happy to do all he can to perform his duties.

[factor-fiction]

Some relevant info here:

Length of night work. An employee working nights must not have their average normal hours of work exceed eight hours in each 24-hour period.
Night workers are entitled to receive free health assessments.

Rest periods. An employee is entitled to a minimum of 11 consecutive hours rest in each 24-hour period. An employee is entitled to a minimum of: one uninterrupted rest period of 24 hours in each seven-day period; or two uninterrupted rest periods of 24 hours in each 14-day period; or one uninterrupted rest period of 48 hours in each 14-day period.

Rest breaks

An employee is entitled to a rest break where the working day is more than six hours.The rest break should be a minimum of one uninterrupted period of 20 minutes.During the rest break, an employee is entitled to leave their work station.The rest break cannot be at the end of the shift.

So maybe he should complain that his 20 minute break was interrupted. It seems wrong that there is no agreed time for breaks or recording of breaks. To cover himself in future he should formally notify someone he is taking his break or at least fill in a register then there can be no misunderstandings if a problem arises again.

And yes, as a night worker he is entitled to a free health assessment.

This may help
http://www.direct.gov...ndTimeOff/DG_10029451