employees rights

[bazak1]

i know this isnt anything to do with consumers but i cant find any other site about it on the web apart from the working time directive site.
my partner had a five hour shift, but needed to leave half hour early for an urgent doctors appointment ( which resulted in her being admitted to hospital ).
when she enquired if she could leave early she was TOLD to work through her break.
i understand that legally after 6 hours you must have at least a 20 minute break, but was her employer within his rights to force her to work through it ( it meant she had then worked four and half hours with no break at all).
just wondering if anyone knows, thats all.

[maroondevo52]

Your partner is well within their rights to leave work early to go to the Doctors, Hospital or even School. The employer has broken the law by even asking the person to work through lunch or even stay late.

Any Doctor, Hospital or other related appointement must be honoured by the employer without penalty to the employee, no matter how many hours they work per day. Part time workers are entitled to exactly the same as a full time employee and any appointment does not need to be made after their shift.

Please see the ACAS website if you are in doubt and they also have an number you can call without leaving names, companys etc. It is a confidential line.

Regards


Scott

[bazak1]

thanks maroondevo52 for your advice.
we,ve had a look on the ACAS site but all we can find is the part that explains that by law an employee must have a break of at least 20 minutes after working six hours. there doesn't seem to be any mention of rights for working less hours than the afore mentioned six.
we were just wondering if my partners employer had just stretched the law a liitle in retaliation for her wanting to finish half an hour early. i did notice that the site states that any breaks taken should be in the middle of the shift, not at the beginning or end, so by telling her to work through it and then go earlier could be included in there, i suppose, but that may just be advice not actually law.

[maroondevo52]

Although ACAS state that breaks should be taken in the middle of a shift, this is not law. ACAS is a guideline for all employers.

There is no law that states you should take breaks in the middle of a shift. You could in fact take your lunch hour at the end of a day, providing your employer agrees.

There isn't a general legal requirement for your employer to give time off for medical appointments. Whatever entitlement you have to time to visit the doctor will be governed by your individual employment contract.

You should check your contract and staff handbook, as this may specify what the regulations are in your workplace. Some employers may require you to take annual leave, or take the time unpaid. On the other hand, many employers will be flexible on this, and it may be worth asking your employer if you can make up the time later.

If you have a disability which requires you to make regular medical visits, and you work for a firm employing 15 or more staff, then the Disability Discrimination Act may also apply here. This states that employers need to make 'reasonable adjustments' to prevent disadvantage to disabled employees. 'Reasonable adjustments' are not well defined in relation to this issue (so it would be a good idea to seek individual legal advice from your union or solicitor), but they could include greater flexibility in your hours to cover gaps, or availablity of time off (paid or unpaid) when needed.