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Anyone know about Employment Law

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Comments

  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    SarEl wrote: »
    No. Sorry. 20 minutes break if you work six or more hours. Not 20 minutes every six hours. If someone works 13 hours they are entitled to a 20 minutes break.

    Really? Thanks for the correction. :)

    Apologies, OP, my bad there. :o I really thought that was the case. I even checked on the ACAS website, but clearly mis-understood it (or shouldn't have bothered checking ACAS in the first place. ;) )

    SarEl - are you saying that someone working a 16 hour shift, for eg, would still only get 20 minutes, in law?

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • SarEl
    SarEl Posts: 5,683 Forumite
    KiKi wrote: »
    Really? Thanks for the correction. :)

    Apologies, OP, my bad there. :o I really thought that was the case. I even checked on the ACAS website, but clearly mis-understood it (or shouldn't have bothered checking ACAS in the first place. ;) )

    SarEl - are you saying that someone working a 16 hour shift, for eg, would still only get 20 minutes, in law?

    KiKi

    Legally that is all they are entitled to, yes. Obviously, if someone was working 16 hours it may hit other triggers (like time off between shifts). But it's 20 minutes for 6 or more hours, full stop. Unpaid of course.
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    SarEl wrote: »
    Legally that is all they are entitled to, yes. Obviously, if someone was working 16 hours it may hit other triggers (like time off between shifts). But it's 20 minutes for 6 or more hours, full stop. Unpaid of course.

    Gosh. Things like that make me realise how lucky I am, and that the little niggly things about work that annoy me really shouldn't.

    Thanks :)
    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • SHIPSHAPE
    SHIPSHAPE Posts: 2,469 Forumite
    KiKi wrote: »




    Not in the first 12 months of employment, no. They can sack you for any reason (as long as it's not a discriminatory one).

    KiKi

    Not entirely accurate, workers have rights from day one.

    The right to not be wrongfully dismissed, for example, is open to all employees as soon as employment begins.

    Your above statement in bold is a myth and is often peddled.
  • SHIPSHAPE
    SHIPSHAPE Posts: 2,469 Forumite
    SarEl wrote: »
    No. Up to 12 months there is no right to claim unfair dismissal. So nothing you can do about it.

    Depends upon the circumstances of the dismissal, one maybe able to sue for breach of contract and, of course, there are instances of unfair dismissal that need no qualifying time served.
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    edited 25 September 2011 at 1:46PM
    SHIPSHAPE wrote: »
    Not entirely accurate, workers have rights from day one.

    The right to not be wrongfully dismissed, for example, is open to all employees as soon as employment begins.

    Your above statement in bold is a myth and is often peddled.

    It's not a myth. You can be sacked for any reason in the first 12 months, as long as it's not discriminatory.

    Wrongful dismissal is confusing the issue, because it's based on a breach of obligations - and not the reason for dismissal. If an employer breaches the contract, then wrongful dismissal may apply and you may be able to take the employer to ET.

    If my employer sacks me because they don't like me - but fails to pay me in lieu of notice, then I can claim wrongful dismissal and ask for my money. But the wrongfulness is in the breach of contractual obligations, not in the reason for dismissal.

    So I have the right to not be wrongfully dismissed (ie, employer must fulfil contractual obligations), but I can still be dismissed for any reason (unless it's discriminatory).

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
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