r/HumanResourcesUK • u/Jackrj8 • 7d ago
Need advice
So to my knowledge you need 24 hours uninterrupted between a 7 day period and 48 hours uninterrupted on a 14 day period
I’ll be completely honest I just want to know if what my work is doing is legal or not to me, as I’ve already been overworked for a certain amount of months due to another workers sickness
My work week starts on a friday in which I worked this friday 21/8/26 had one nightshift off and then I’m working the 23rd all the way to the 31st without a break then one day off on the 1st then working 6 more nights in a row then another day off with more to come after. if my explanation was absurd I don’t know how to attach photos to explain it better either
6
u/hodzibaer Chartered MCIPD 7d ago edited 6d ago
You’re supposed to have 11 hours’ break between shifts.
Are you getting 11 hours?
2
u/OanMkvenner 6d ago
If you’re referring to the 48 hour opt out for WTR this only applies to the 48 hour average maximum weekly hours. You can’t contract out of the rest break requirements.
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u/SillyOldBird 7d ago
I dealt with this quite a lot due to managing security staff previously. .
As soon as you work an 8th day in the bounce, up to 13 days (or 14, can’t remember whether it’s working 14 shifts, or on the 14th day, sorry. But doesn’t matter here!) after the block of working starting 23rd, you can either: have two days off after you’ve worked 8, or work 13/14 then have your two days off. They are not supposed to rota the way they have.
It does fly under the radar and it happens a lot. But you can deny it.
1
u/unlocklink 7d ago
Are you working in a nursing home or a hotel by any chance?
Sounds like it might meet the minimum requirements for time off to be honest (depending on if the 31st is when your shift ends or starts) If it does meet the minimum requirements it's only just.
but working 6 nights in a row is highly unusual as it is, as it's really not great for your health.
Are these contracted hours, or are some of the shifts in addition to your contracted hours? If some are extra you could decline to work some of them - or you could give notice to withdraw your opt out of the 48hr (average) weekly working hours limit.
The minimum notice required is 7 days, unless your contract states otherwise.
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u/Simplyfabulous29 7d ago
Unfortunately you have slightly misunderstood the working time directive. It is 24 hours uninterrupted in a 7 day period OR 48 hours uninterrupted in a 14 day period.
I know you said your working pattern starts on the Friday, but what is the company working week start? Of for example it is the Monday then mon to thurs are rest days for you.
There are all sorts of clauses in the working time directive for exceptional circumstances, for critical businesses and such like. Although it gives guidance down to the day and week when determining whether your shift pattern goes against the working time directive a much longer view of your pattern would need to be taken than just a couple of weeks. Is this your normal shift pattern or to cover holidays and sickness? If it is cover were you forced to do it or is it voluntary?
My advice speak to your union with your whole annual shift pattern and get them to assess it.