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Is this legal?

8 replies

Madratlady · 18/11/2013 13:52

I'm a nurse in a private nursing home and I can honestly say I love it, it's a nice place to work etc. But there have been some issues with night staffing lately and last night the agency nurse who was supposed to cover the night shift didn't turn up. There are usually 2 nurses on duty on nights and 3 on days. So the nurse who was going to take over from me came to work but the nurse who was supposed to take over from my colleague didn't.

She contacted the manager and was told that if no other cover could be found then she (or I if she didn't) would have to stay overnight and she would be accountable for anything that would happen if she left, but that she could sleep for a few hours in the middle (not even slightly possible). Surely that is illegal and surely if anything then went wrong on the night shift then the nurse would be in trouble for working 24hrs straight and then making a mistake? My colleague is now looking for another job because of the way it was handled and I'm a little worried about being in the same situation again and whilst I would normally be happy to stay if there was no alternative, I'm pregnant and nearing my maternity leave and have SPD so am finding a normal shift exhausting.

In the end another nurse came and covered the shift but it was just lucky that she was free and happy to do the extra, otherwise I'd probably have stayed as my colleague was in floods of tears at the thought of having to stay after a busy day.

OP posts:
Quoteunquote · 18/11/2013 16:34

Poor management, but I suppose in an emergency, the patients can't be abandoned.

Madratlady · 18/11/2013 18:36

Well no I wouldn't have gone home and left them with only one nurse for the whole building but I thought it was actually illegal to work that long in one go and therefore had one of us stayed and made a mistake due to being tired then we would have been to to blame for working so many hours.

OP posts:
WeAreEternal · 18/11/2013 18:58

As far as I am aware as p

WeAreEternal · 18/11/2013 19:01

Sorry posted too soon.

As far as I am aware as long as you have breaks an appropriate amount of times it is legal.

I do know that they have rules about having to have a certain amount of time between long shifts, but I'm not sure what the circumstances are.

WeAreEternal · 18/11/2013 19:09

Scratch that, I just spoke with a colleague (who is a nurse) it is not legal for an RN to work a shift longer than 16 hours.

flowery · 18/11/2013 19:13

With a few exception, such as junior doctors, no it is not legal to work that long at a stretch.

Why didn't the agency send someone else?

Madratlady · 18/11/2013 19:17

I imagine not many people are willing or able to pick up a shift at such short notice Flowery especially as for some reason the company use a agency based miles away.

OP posts:
flowery · 18/11/2013 20:10

Well, that's not good and your employer should have contingencies in place for when someone doesn't show up, to avoid this situation. It's one thing asking people to stay a bit later but 24 hours straight is something else.

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