Is It Legal To Work A 12 Hour Shift With No Break ??

[Smowball]

Youngsmows gf has just gone bk to work after having baby Theo. She is just doing 2 days a week at the mo but each day is a 12 hr shift, which is a long day. It was only when we were down there visiting them last weekend that she said she doesn't get a break at all - she works for a care agency and is sent to various clients houses to do her shift caring for them/ their every need etc. So she spends 12 hours at a clients house with no break at all. I would have thought for a shift that long the agency would have sent someone else over to relieve her for at least half hour or so to have a break, wouldn't you?

[calmck]

As a nurse working a 12 hour shift we would get an hour off either all at one time or split

[Smowball]

Hi calmck - that's what I thought. She obv doesn't want to lose her job but doesn't know the best way to approach this.

[Prudie]

It's not legal no, minimum of 20 mins break if working more than 6 hours but it depends what you mean by break. That means stopping work and sitting down to rest, eat or drink or whatever but not to be able to leave the workplace. I'd have thought 12 hours in someone's house as a full time carer would still give several opportunites to sit down and take a break, she surely isn't spending all 12 hours physically with whoever she's caring for.

[THECORBYLOON]

The entitlement is to an uninterrupted break away from a workstation if there is one.

"12.—(1) Where a worker's daily working time is more than six hours, he is entitled to a rest break.

(2) The details of the rest break to which is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

(4) Where a young worker’s daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one." [Emphasis added]

The Working Time Regulations 1988.

 

[Smowball]

No she isn't obviously caring for 12 hours solid but she is actually caring for two people - a disabled brother and sister. And she doesn't get a single break away from them in 12 hours.

[Smowball]

Thanks TCL : )

[Maydup]

It's far too long without a break. Ideally they would swap her out with another carer halfway through then after her break she could go elsewhere. But it's a logistical and financial nightmare.

[Ken4155]

Lots of folk do 12 hours shifts in factories and are not allowed to leave the workplace during those 12 hours. Yes, they will get a couple of 'tea-breaks' and maybe a half hour for their 'meal-breaks' but i'm sure that's something this lady is able to work into her daily shift.

Even looking after two disabled elderly people, there must be times when one or both are 'settled', or asleep for a long enough period for her to sit down with a cuppa in an adjoining room for 10 - 15 mins.

[DDIL]

Away from them could just mean sitting in the kitchen for 20 minutes.

Are you saying she doesn't even get a 10 minute break for a cuppa?

If 2 adults required constant supervision for 12 hours would that not require 2 carers?

 

[Prudie]

And I wanted to add following TCL's paste an important distinction - workstation is not the same as workplace.