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Work with no breaks

My wife works with adults with autism and came home Thursday evening in tears after being assaulted yet again. She started work at 8am Wednesday and finished 8pm Thursday and apart from 10pm Wednesday to 8am Thursday when she was sleeping in and still on duty and not allowed to leave the building she was on duty the whole time with no breaks is this legal.
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Comments

  • elsien
    elsien Posts: 37,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 April 2017 at 11:31AM
    If your wife works in a care home or similar, doing a shift pattern then the usual rest break rules do not apply and her rota should include compensatory rest breaks.
    There is some information about rest breaks towards the bottom of this page, although I can't vouch for its validity.

    https://www.crunch.co.uk/blog/contractor-advice/2011/07/26/care-workers-what-are-your-rights-at-work/

    I used to work in a similar setting, and those shift patterns were normal in some places although I always considered 24 hours to be long enough - it's not fair on either staff or residents if people are too tired to do their jobs properly.

    It is usual in care to not be able to leave the building on a break. However unless your wife is lone working, in which case there should be a lone worker policy in place, it is also usual for staff to take 5 or 10 minutes for a cuppa and a bit of time to themselves when it's quieter, while the other staff support the residents.
    There should be a risk assessment in place with regards to managing challenging behaviour, incident forms for when an assault has taken place, and it would also be good practice to have a debrief and to give the staff member concerned time to gather themeselves and to consider whether anyone else should step in to cover at that point.
    If these aren't in place, she needs to be discussing it with her line manager. Work places have a responsibility to safeguard their staff and although there will always be people who are challenging, there should be mechanisms in place to manage that so that the wellbeing of the person and the staff supporting them is being fully considered.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • alien765
    alien765 Posts: 18 Forumite
    Thanks for replying your answer is as I thought but the 10 minutes for a cuppa doesn't happen so someone screaming in your ear for 12 hours is a long day .
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    tough gig.Your wife has my respect Not a job I could do.
  • alien765
    alien765 Posts: 18 Forumite
    Thanks and the way social care in this country is going nobody will do it then we are in for some major problems
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    You've got to be a very special person to do that job AND care about your patients. So kudos to your wife.
  • Art_Deco
    Art_Deco Posts: 188 Forumite
    Third Anniversary Photogenic
    Is your wife a lone worker? If not she needs to make sure she takes any chance she can for a break even for 5 minutes to recharge her batteries , this is all to common in this type of job, make sure all incidents are reported to management, how is she expected to restrain / manage challenging behaviour etc on her own.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Join a union, situation is unlikely to improve and this can be used as an organising issue to encourage others to join.
    Don’t be a can’t, be a can.
  • elsien
    elsien Posts: 37,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    alien765 wrote: »
    Thanks for replying your answer is as I thought but the 10 minutes for a cuppa doesn't happen so someone screaming in your ear for 12 hours is a long day .

    If someone is screaming for 12 hours a day then they need more support than they're getting, and I'd be concerned their care plan was inadequate. It can't be much fun for them either if they're showing that level of distress.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • alien765
    alien765 Posts: 18 Forumite
    They are happy screaming shouting if you know what I mean. I don't know but what my wife says it's their last chance before being institutionalised
  • alien765
    alien765 Posts: 18 Forumite
    There is no option for a 5 minute break they are understaffed so tomorrow she is handing in her notice
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