Is it even legal to work this long?

Helen Barber

Helen Barber

Helen Barber

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I work nights for a large company. - Healthcare sector.

I work 4 nights Tuesday-Friday, start time 10pm-7:15am

My boss has put me on a 2 days restraint training course this week on Thursday and Friday start time 9am-4:30pm so coming straight off shift on to a course with limited sleep over 3 days

It's going to be absolute hell to fight the tiredness - is that legal?

I just worry being on the roads being really tired... I'm guessing he's thinking I should sleep between 5pm-9pm before I start another night shift
 
Doesn't sound far off a breach of health and safety, also a disregard to duty of care. However I am not a lawyer.
 
Wouldn't be acceptable where I work - as above duty of care, etc. (though caveat some roles and contracts might have short term expectations in this respect i.e. carers and split shift work, etc.).

Having spent a good chunk of my life working nights I find often people just don't connect the dots as well - I've had a few time where I'm finishing 5-6am and had someone try to schedule something in for like 9am and/or tried to contact me in the middle of the morning and I'm like "when do you think I'm sleeping?"...

On a related note I think employers haven't taken onboard some of the law changes in the last few years very well either (or just naively don't care) - these days both the company and individuals at the company can be liable if an employee has an accident due to driving to/for work in adverse conditions and/or tiredness where they've expressed concerns about their safety - including in the case of fatalities people getting prison sentences.
 
Those that are on shift where I work would usually drop off nights for that week if they were told they had to attend a training course - and they do 7x 12 hour shifts (7-7). Though sometimes there is an expectation for team leads to be available at short notice to drop off. I'd raise the concern with your line manager, it might have been an oversight on their part.
 
Doesn’t the law state there should be a gap between 11hours between shifts, working for an employer? Something along those lines.
 
The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours. For an adult worker, that minimum rest break is 20 minutes uninterrupted.

Is this next week, because ideally you'd need wednesday off (tonight), along with thursday and friday too
 
Helen Barber said:
I work nights for a large company. - Healthcare sector.

I work 4 nights Tuesday-Friday, start time 10pm-7:15am

My boss has put me on a 2 days restraint training course this week on Thursday and Friday start time 9am-4:30pm so coming straight off shift on to a course with limited sleep over 3 days

It's going to be absolute hell to fight the tiredness - is that legal?

I just worry being on the roads being really tired... I'm guessing he's thinking I should sleep between 5pm-9pm before I start another night shift
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**** that.
 
If it’s a mandatory course then you need to be given leave. If you have prospective cover in a rota and haven’t swapped then that’s a bit silly.
 
Vita said:
Doesn’t the law state there should be a gap between 11hours between shifts, working for an employer? Something along those lines.
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Yes - unless you agree to not work to WTR :)


Helen Barber said:
I work nights for a large company. - Healthcare sector.

I work 4 nights Tuesday-Friday, start time 10pm-7:15am

My boss has put me on a 2 days restraint training course this week on Thursday and Friday start time 9am-4:30pm so coming straight off shift on to a course with limited sleep over 3 days

It's going to be absolute hell to fight the tiredness - is that legal?

I just worry being on the roads being really tired... I'm guessing he's thinking I should sleep between 5pm-9pm before I start another night shift
Click to expand...

I assume you're not working Thursday and Friday night?

If so, have you raised it with them? This could be a genuine mistake - they do happen
 
Quartz said:
Quite right. The Selby rail crash was caused by such a loss of sleep.
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Something I find quite frustrating - I've worked for people before who can just sleep whenever - they have no problem doing say back to back early and late shifts, etc. and can't understand not everyone can do that or the impact it can have.
 
Check what your contract or any supporting framework states about minimum rest time between shifts. Training is still work.

For example mine says minimum rest of 12 hours between shifts, can be 8 but only in an emergency.
 
To be honest, your boss should have slacked off your night shift to accommodate this training.
The fact it has not cross their mind, would make me want to find another job.
I would definitely flag your concerns in writing and take it from there.
 
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