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Wayne Mc Nair
Member - 1 post
Looking at the rest breaks between shifts a right to 11 hours. IS this a minimum rest or open to negotiation?
I have and employee who works two jobs. Day for another compnay and night for me. Ther eis not an 11 hour rest break between jobs. He iss needed to stay awake during the night. AM i legally allowed to employ him under these conditions, or does the 11 hour break only apply to breaks for the same company?
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Iain Skinner
Member - 1 post
The Working Time Regulations 1998 (the "Regulations") do not address the situation in which a worker works for more than one employer except in relation to rest breaks for young workers. It is likely however that a worker who has 2 different jobs must work on average no more than 48 hours a week in total.
The position regarding rest breaks is more complicated. The Regulations and supplementary guidance refer to rest breaks and rest periods as an employee entitlement and as such it is arguable that it is not unlawful for the worker to voluntarily forego his break. However, this view is being challenged and the government may make changes to the Regulations to ensure that employers take reasonable to ensure rest period are taken.
Regardless of the position under the Regulations, the fact that you are aware that your employee has little or no break between jobs could present a health and safety risk to your employee.
We recommend that you take specific advice in relation to this particular issue. Please contact Robyn McIlroy on 0141 249 5434.
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