Not car related but Work laws

[Graham.J]

Can anyone help?

A friend of mine is diabetic and works as a waitress, she collapsed at work 2 weeks ago because the employers would not give her a break so she could eat.

What is the law regarding this sort of thing, I am sure employers are bound by law to give employees a break for medical reasons.

TIA

Graham

[keitht1]

AFAIK european employment law states that in a full working day employees must take at least 30 mins for lunch.

Presumably her job prevents her from eating whilst working so I would think health and safety would come in to play also.

[Davel]

The employer must have a duty of care for his staff.

Knowing that your friend was diabetic and assuming that she requested the break, I should think the employer could be open to prosecution.

Ask the CAB.

[Graham.J]

Thanks for that, as she's a student she normally works about 7 hour shifts.

[Graham.J]

She has also said that she's not sure about prosecution because she can't afford to.

[keitht1]

If she's a student she may well qualify for legal aid - esp. in these circumstances.

CAB is a good call - worth a phone call / appt.

[Davel]

It maybe depends upon whether, or not, she was hurt and if it is worth (for her) taking him to court or some sort of tribunal.

Talk to the CAB and if she gets nowhere - and no longer works for the guy, there's always the press if she wants to have a go at him!

If the employer knew that she was diabetic and chose to ignore her perfectly reasonable request, then he deserves everything that she throws at him.

(From another diabetic!)

[Graham.J]

Thanks for the info chaps, I'll pass it on to her and see what she thinks.

[Graham.J]

Davel said:

It maybe depends upon whether, or not, she was hurt and if it is worth (for her) taking him to court or some sort of tribunal.

Bruised rear end and a small piece of glass in her hand so she says.

[nonegreen]

Restaurants come under environmental health departments which are based in the Local Authority. A quick phone call to the environmental health safety expert will probably get the place inspected and the owner will get educated. If he subsequently fires her, I believe she is automatically entitled to a tribuneral regardless of length of service or being part time as the dismissal was related to a breach of legislation. As tribuneral compensation is now unlimited for such things she may well be one of the few students to not need a loan, assuming the sequence of events happened. Check it out with ACAS for free.