Two jobs - same company - same day

[goofyden]

Hi, is it legal for a teaching assistant in a school to work 8:30am - 4pm, however in her dinner break between 12 and 1pm the teaching assistant changes her job to Dinner Supervisor and works that hour as a separate job?

Thanks
Goofs

[Amethyst]

Re: Two jobs - same company - same day

I don't see why it wouldn't be although could be hard to maintain long term - eg what if they are required to go on school trips / assembly overruns etc.

Not really my area tho I'm sure the more legal peeps will be along later, maybe a few more details would assist xx

[teaboy2]

Re: Two jobs - same company - same day

I doubt it would be legal to be honest, as it would mean the employee is not getting their legally required rest break of 20 minutes if total hours worked are 6hrs or more per day. It doesn't matter is its under separate contracts, as its the total hours worked by the worker for the employer that counts, not the hours stated in the contracts - So its total hours under both contracts that count, and if they add up to more than 6hrs, as clearly is the case given they work 8:30am to 4pm, and they are not getting a minimum of 1 x 20 minute break that is uninterrupted (15 mins here and 15 minutes later in the day do not count as uninterrupted 20min break), then that puts the employer in breach of section 21 (rest periods) of the working time regulations!

Do they have a contract for both jobs or just one contract that stipulates that he/she is to be dinner time supervisor at school dinner breaks? Does he/she get other breaks during the day instead i.e. a 20min break minimum if you work 6hrs or more a day?

[Amethyst]

Re: Two jobs - same company - same day

Are breaks compulsory on the employees part then Teaboy ? I know they are on the employer's side, but if employees chose not to take them and work in another job? (or even just chose not to take them at all?) teaching assistant isn't the same as say, working on a manufacturing production line with regards 'needing' breaks.

This more than one job issue can be a bit tricky can't it.

[teaboy2]

Re: Two jobs - same company - same day

Are breaks compulsory on the employees part then Teaboy ? I know they are on the employer's side, but if employees chose not to take them and work in another job? (or even just chose not to take them at all?) teaching assistant isn't the same as say, working on a manufacturing production line with regards 'needing' breaks.

This more than one job issue can be a bit tricky can't it.

Not compulsory on the employee but then theirs no opt-out available to the employee either where rest breaks are concern, therefore as its compulsory on an employer, if the employer allowed the employee to not take breaks or didn't enforce the 20 minute break period on employees, the employer would still be in breach of working time regulations, regardless as to if the employee didn't want to take the 20 minute break. There's basically no opt-out of the 20min break period that would allow for the employee to work without taking the break by way of their own choice! But then the employee is the one that would have to take employer to tribunal for it. So if their happy working through their break periods as per to their own choosing, and not forced to work by the employer, then yes its up to the employee! But the employer runs the risk of HSE finding out or a whistle blower exposing the fact they do not enforce the 20min rest period, where action can then be taken against the employer!

Yes, it being more than 1 job can be complicated, but its the total hours worked for the employer by the worker, so its total hours all contracts between employee and that employer!

What we need to establish here though is whether they get a 20 minute uninterrupted break at any point between 8:30am and 4pm!

[matt3942]

Re: Two jobs - same company - same day

I agree with [MENTION=19071]teaboy2[/MENTION] although I would say the employer has a responsibility to ensure their employees are taking their breaks. Of course if the employee chooses to work through this (as many do) without the employer's knowledge then so be it; however, the employer can't employ the employee on a second contract that prevents the employee from taking a rest break.

Having said that, from my experience of working in education, teachers/teaching assistants will typically have at least one uninterrupted 20-minute break during the day.

- Matt

[teaboy2]

Re: Two jobs - same company - same day

[MENTION=67649]matt3942[/MENTION] - Agreed, as i to suspect they are getting at least one 20 minute break during the course of the day, be it in the morning or in the afternoon.

[goofyden]

Re: Two jobs - same company - same day

Thanks guys, that's food for thought. I know children have morning and afternoon breaks, but i believe they are 15 mins not 20 mins, in which case there is no opportunity for a uninterrupted 20 min break during the course of the day.

Kind regards
Goofs

[teaboy2]

Re: Two jobs - same company - same day

Yeah the 15min morning and afternoon break wouldn't count as has to be a full 20minute uninterrupted break. Though time taken walking to and from the staff room is deemed part of the break. So if it took 2.5mins walking to the staff room and same back from staff room (5mins in total) and you had 15mins in the staff room, then that's an uninterrupted break of 20mins! But obviously if the total allocated break time is only 15 mins you'd only get 10mins in staff room and 5mins walking to and from staff room, so that isn't a full 20 mins!