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Working a night shift with someone who is untrained/incapable

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remedycrow | 18:48 Mon 12th May 2008 | Business & Finance
3 Answers
Im about to work 7 nights in a row with an agency member of staff, who is yet to be trained sufficiently (if at all).

My job role basically relies on incoming calls from the police so its a must that someone is by the phone to answer the call and be capable of dealing with whatever incident/issue is presented to them.

My concern is because it will only be me and the newbie in the entire office during the nights, will I still be able to take my 30 minute break seeing as my job is dependant on answering calls.
Is there any law which means that the company aren't allowed to put an agency member staff in this role, in this kind of night work situation?
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You are entitled to an uninterrupted break of at least 20 minutes once you have worked for 6 hours consecutively. That is the law.
If you consider that this member of staff is not capable of covering for you for at least this period, I suggest you need to say this to your employer.
The way to put it might be to gently remind your employer that you are entitled to such a break.
You might not have the right to a break during your shift, as referred to by Buildersmate. There are exceptions to the rules, which cover situations where there's an emergency as well as jobs which involve security work or where round-the-clock staffing is required. However, if you lose out on a break, you ought to receive 'compensatory rest' (e.g. by being allowed to start work at a later time the following day):
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029451

Chris
Whatever the law says in my experience it sometimes isn't practical for employees in some types of role to take a lunch break and any employee who insists on taking one will be putting their career prspects in jeopardy. Employers want people who are prepared to be flexible and work hard to get things done. Whether you agre with it or not that is the reality for many people.

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