Pictured: Sonia Mangat
Companies with a long hours' culture may be at risk of breaching
health and safety legislation, an employment expert has warned.
Sonia Mangat, a solicitor in the employment team at Lodders
Solicitors in Stratford-upon-Avon, said it was important that at
the very least rules on statutory breaks were adhered to.
She said: "There remain many businesses in this tough economic
climate that are fighting to survive and pushing their staff hard.
Maybe too hard in some cases.
"And it can be counter-productive because people do get tired,
their concentration levels flag and it is then that mistakes can
creep in.
"Where staff are expected to work 12-18 hour days burn-out can
quickly set in and ideas and innovative thinking go out of the
window. Some companies will no doubt take the view that in a period
of rising unemployment they can spit people out and hire someone
else. But if a firm starts getting a bad name and becomes viewed as
a slave driver then they will get no loyalty or commitment back and
long term it will act against them in terms of production levels
and quality outcomes."
However, said Mrs Mangat, leaving aside moral considerations,
those companies which believed a bully-boy approach and fear factor
were the most effective ways of getting the maximum response could
find themselves the wrong side of the law.
"The law says employers must give their workers at least the
rest breaks required by the Working Time Regulations," she
said.
"The minimum legal entitlements for rest breaks while at work
are clear. Adults have the right to a 20 minute rest break if they
are expected to work more than six hours at a stretch. Younger
recruits are entitled to a rest break of 30 minutes when required
to work for more than four and a half hours.
"Staff are entitled to their break and if the work ethic is such
that it is made crystal clear to them there will be repercussions
if they do then companies could even face employment tribunal
cases.
"Employees who demand their right to a break may not be told in
specific terms that they cannot have one, but it can be made
implicit all the same. Suddenly an individual starts getting all
the rotten tasks, is passed over for promotion, told they can't
take the holiday period they have requested … there are many
ways of making life difficult.
"But all that could be presented in evidence to an employment
tribunal and may well be sufficient to find the firm at fault,
resulting in a substantial payout to the employee
concerned."
She added: "There is no legal right for breaks to be paid ones.
There is no legal right to smoking breaks. But breaks are vital -
there to protect the long term health of the worker. And it is
important that companies do have a system in place and workers do
indeed take their breaks.
"Many workers thrive on working hard, particularly where they
enjoy what they are doing, are rewarded fairly and respect their
company. A happy workforce is a productive workforce, and a stop
for an occasional break reinforces that."
For more information about Lodders, please visit their website
here: www.lodders.co.uk