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[Mr Skrunts]

Talking to a mate and asked what his girlfriend did for a living , he replied she's a care asistant.

Basically works 6.30am to 10.00pm 3 day on 3 days off and works alternate Mondays, so effectivly 4 on, 3 off, 4 off, 3 on.

Basic is £6.20 an hour.

No overtime pay except chrisymas day and new years day.  Thats paid @ time + 1/4

She works as a dual team, one or the other of them is on cover while the other is off.

But get this, her co worker has taken a weeks holiday and my mates G/F is doing both shifts with just 1 afternoon off in 7 days.

Thats 6 x 15.5 hour days and 1 x 6 hour shift.

2 x 10 min breaks a day and a 20 min lunch break.

Plus get this, no overtime allowance and no unsocable hours pay.


Whats the law regards working hours, pay/overtime and statutory breaks.

TIA, 

this sort of thing really hacks me off.

[Field Marshal Dr. Opti]

The less they pay you .....the worse they treat you.......the more they expect of you...... ....life's a bitch then you die.... :-/

[Kevin Wood]

Talking to a mate and asked what his girlfriend did for a living , he replied she's a care asistant.

Clue's in the name, I suspect. She's being taken for a ride, because she does.

In most other professions the employer would be rightly told to fork off and they'd have to arrange cover properly.

Kevin

[Mr Skrunts]

Talking to a mate and asked what his girlfriend did for a living , he replied she's a care asistant.

Clue's in the name, I suspect. She's being taken for a ride, because she does.

In most other professions the employer would be rightly told to fork off and they'd have to arrange cover properly.

Kevin

I think you have it in one Kevin.

After my 3 week stay in hospital I have a totally different view of the wage theory for people that put in 12 hour days to do some of the things they do. Hospital assisnt nurses and care staff get my vote evey time.

Yes I know some of these councel run care homes have a bad reputation, but if this is how they treat staff, then the moral in there is wrong from the start.

Now this girl works for a private mobile service and gets £2.20 less than some one doing the same job for the councel.

I can see why there was a need for a minimum wage, but taking the pee and exploiting them like this is surely against the law.

[Mr Skrunts]

The less they pay you .....the worse they treat you.......the more they expect of you...... ....life's a bitch then you die.... :-/

Maybe thats true, but not the answer I was looking for in terms of employment law.

[Kevin Wood]

This might be a good place to start:

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/index.htm

Sounds like she is averaging way over 48 hours per week (but has she signed away her rights regarding working time?).

There are loads of exceptions to the rule too, of course.

Kevin

[Mr Skrunts]

Cheers Kevin, will pass it on to them.   

[toxic34]

If she hasn't signed a form to say that she wants to work over 48hrs a week, then her employer is breaking the law and I think also that she is as well.

[albitz]

Even if she has signed an exemption from the 48 hour week, there still has to be an 11 hour break between shifts. There is no exemption from that. Working time regs. 2000 iirc.
There are no laws regarding overtime payment.
She may have a reasonable case for constructive dismissal, CAB may be able to advise.

[Dishevelled Den]

Even if she has signed an exemption from the 48 hour week, there still has to be an 11 hour break between shifts. There is no exemption from that. Working time regs. 2000 iirc.
There are no laws regarding overtime payment.
She may have a reasonable case for constructive dismissal, CAB may be able to advise.

How times have changed from the 'on duty until finished' requirement that many were subject to. 

I did a straight 38 hrs without a break on one occasion when duty cycles at the time could, and frequently did, run into the best part of a week or more from the start of a 'normal' day's work

Then I was young, windswept and interesting - now - I'm just a crusty old bugger suffering the effects of all that excess

[bertiecbx550]

I`m self employed at the moment with this security firm i`m with...I told em when i started i was going on holiday from the 7th till the 15th..Yeah thats fine gaz,just remind me nearer the time....So i did 2 weeks ago...no probs gaz.....Supervisor resigned last week and nobody knows owt as he did not put anything in writing or tell HR...So i got  a phone call tonight as i was only booked for monday and weds night at the cube in brum....Asking me why i was not at work tonight in west brom....After explaining everything I`ve been told as i`m being difficult and awkward i`ll only be on min hours when i get back on the 16th august.....

[Amigo]

Sadly carers & security staff work unsociable hrs. for low wages, often minimum wage. I don't understand why a 48hr working time directive was introduced when you can opt out of it? I'm on more than min wage but no pay rise in 6 years. I was out in the truck on sunday night & am out tonight. On top of my weekly hrs these 2 nights out have made me just under £50 (tax free). I accept the working class don't earn as much as those who listened at school but 60+ hrs per week & not knowing from one day to the next where you'll be all week so can't arrange anything just to get by?

[r1]

join a union

[jerry]

what albs said is correct. the working time directive is 48 hours ( but she may have "opted out" of this ) per week over a minimum reference period of 17 weeks, adults over 18 have a right to uninterrupted daily rest periods of 11 hours (this can be modified to 8 hrs provided the 3 hours is taken back within 4 weeks) and a min of one day off a week or 2 over a 2 week period. Tho most companies will give a 15min paid break for every 4 hrs worked, the law states a 20 min break (not necessarily paid) for every 6 hours worked. For those under 18 the law states a min of 12 hours between shifts, 2 days off a week and 30 min break (not necessarily paid) for every 4 1/2 hrs worked.Further, the employer must provide suitable/adequate toilet/wash facilities, seating area for breaks and facilities for hot and cold water for drinks and for heating food. Care workers have allways been notoriously ill paid but the law is the law and they have their legal entitlements too!

[fudy]

I`m self employed at the moment with this security firm i`m with...I told em when i started i was going on holiday from the 7th till the 15th..Yeah thats fine gaz,just remind me nearer the time....So i did 2 weeks ago...no probs gaz.....Supervisor resigned last week and nobody knows owt as he did not put anything in writing or tell HR...So i got  a phone call tonight as i was only booked for monday and weds night at the cube in brum....Asking me why i was not at work tonight in west brom....After explaining everything I`ve been told as i`m being difficult and awkward i`ll only be on min hours when i get back on the 16th august.....

that's not g4s is it? i had my holidays in for 6 months when a manager told me i could not have two days right in the middle of the hols!!! WTF! luckily the union sorted it for me!! I'm with optimist60 these types of company's exploit there employees by giving them the minimum the law provides! they know there workers are desperate and use it to there advantage