Working hours question...

[Burnsy2023]

It's not law, it's an option open to the employee that the employer must honour if the employee chooses to enforce it.

We're essentially arguing a moot point as we're agreeing on the main points, but the fact it's described in the The Working Time Regulations 1998 means it is law. I'm not sure how more clear it can be if it's on the statute books.

 

[Burnsy2023]

What law? The law is that an employee is entitled to an 11 hr break ,there is no law that says an employer must force an employee to have this much of a rest period

For the most part this is correct except for certain safety sensitive occupations where the employer must make sure their staff are getting the requisite rest breaks for their or other's safety.

 

[Haze]

you have said you self the law is the law,,, so there are no exceptions!!!! if there are exceptions then that makes it guidelines

use your brain!! how many people do you think the top 4 supermarket chains employ?? do you think at no point has one of them thought " hey hang on im meant to get an 11hr gap between shifts" and challenged it??? and lost, because its GUIDLINES

 

[Vulcan]

What law? The law is that an employee is entitled to an 11 hr break ,there is no law that says an employer must force an employee to have this much of a rest period

Exactly. I think we are all getting mixed up.

I never stated someone can't work those hours, I responded to those who stated it was a mere guideline, which it isn't, it's written in law: http://forums.overclockers.co.uk/showpost.php?p=26781304&postcount=21

Are you trying to argue that murder and the working time directive are the same thing?.

Yeah, that's exactly what I was saying...

you have said you self the law is the law,,, so there are no exceptions!!!! if there are exceptions then that makes it guidelines

use your brain!! how many people do you think the top 4 supermarket chains employ?? do you think at no point has one of them thought " hey hang on im meant to get an 11hr gap between shifts" and challenged it??? and lost, because its GUIDLINES

Ugh...

So since most laws have exceptions you're saying most laws are just guidelines?

 

[JBuk]

For the most part this is correct except for certain safety sensitive occupations where the employer must make sure their staff are getting the requisite rest breaks for their or other's safety.

Yep something I pointed out in a previous post

Reading the .gov website and it's It's pretty simple to understand , I cant see why so many people can't grasp it lol

 

[Burnsy2023]

Yep something I pointed out in a previous post

So you did. Must make sure I know who posted what

 

[JBuk]

you have said you self the law is the law,,, so there are no exceptions!!!! if there are exceptions then that makes it guidelines

use your brain!! how many people do you think the top 4 supermarket chains employ?? do you think at no point has one of them thought " hey hang on im meant to get an 11hr gap between shifts" and challenged it??? and lost, because its GUIDLINES

You're getting silly now

You're wrong , just accept it

 

[Caged]

you have said you self the law is the law,,, so there are no exceptions!!!! if there are exceptions then that makes it guidelines

use your brain!! how many people do you think the top 4 supermarket chains employ?? do you think at no point has one of them thought " hey hang on im meant to get an 11hr gap between shifts" and challenged it??? and lost, because its GUIDLINES

I think the supermarket chains employ enough people to ensure that if someone works until 10pm one evening they aren't required to be in before 9am the next day. 11 hours off is a 13 hour shift, that isn't a common thing.

 

[Haze]

employ enough staff lol, you lot live in a dream world, you need find some friend/family/relatives that work in supermarkets

 

[stopper]

The LAW states that...

under current law....

Using this law:
.....
No, it's the law.

Surely you all mean legislation? (which is just practice of law)

 

[Vulcan]

employ enough staff lol, you lot live in a dream world, you need find some friend/family/relatives that work in supermarkets

I have.

As I previously stated, yours is poorly managed, that doesn't mean they all are.

 

[Castiel]

A employee can go to employment tribunal if they don't receive 11 hours of continuous rest in a 24 hour period. Therefore most employers will enforce these rules to prevent them being liable to pay compensation etc.

So in summary, its 11 hours in a 24 hour period, not 8; it is law and not guidelines.

You can opt out of the Working Time Directive but that only applies to the 48 hour maximums, not rest periods.

For example PSV drivers generally opt out because they have to abide by the Domestic/EU driving hours instead...for them it is 10 hours between shifts which can be reduced to 8.5 hours three times a week (domestic) or 11 hours which can be reduced to 9 hours three times a week (EU).

However, someone can work with less than 11 hours daily rest IF they do so by agreement and with compensatory rest given in most cases.

Daily rest is the break between the end of one day's work and the start of the next (usually night-time).

If you are an adult worker you are entitled to a minimum of 11 consecutive hours off between each working day.

Exceptions can be made for:

· busy periods

· emergencies

· people working away from home

In these cases, rest periods can be accumulated and taken later.

http://www.foreignersinuk.co.uk/gui...s_working_week_rest_breaks_holidays_3908.html

 

[D.P.]

Your employer can enforce the 11 hour break as their own policy, but the 11 consecutive hours break is not a rule.

Yep, regardless of the law they can enforce this policy as they see fit.
Maybe they don't want employees too tired because they haven't rested between shifts.

 

[Phantom Shadow]

Well commuting isn't working so that doesn't count.

My point was that even though going by policy they shouldn't have been in a hotel given the short commute, because they were only getting maybe 4 hours sleep a night they were stuck in one for the 2 weeks as it was deemed too dangerous to let them drive.

 

[Pedaars]

I had this before at an 9old job they would get you to come in later if you had stayed late would be a right pain usually id leave at the normal time though so thats was ok and wouldnt lose any pay

 

[Scania]

Another example of this differing is HGV drivers.

Regularly, it's 11 hours rest, but, you can reduce this to 9 hours rest upto 3 times per week.

 

[big_white_dog84]

Your employer can enforce the 11 hour break as their own policy, but the 11 consecutive hours break is not a rule.

The end.

 

[Swifty55]

Haze, what supermarket do you work in?

I've worked for several and know others who have. I'm entruigued to know which one apparently treats you so bad?

 

[Mrs Seabiscuit]

Well most nurses can finish a late shift at 21:30 and need to be back at 07:00 the following morning. So Hows it diffident for nurses I will never know?


Also sorry to off topic, Burnsy whats with the no donship?

 

[Antony101]

you have said you self the law is the law,,, so there are no exceptions!!!! if there are exceptions then that makes it guidelines

use your brain!! how many people do you think the top 4 supermarket chains employ?? do you think at no point has one of them thought " hey hang on im meant to get an 11hr gap between shifts" and challenged it??? and lost, because its GUIDLINES

I've challenged it with my employer when they expected me to work at a store in York instead of the one I was working in Brighton. I phoned up, explained to them the lack of rest (after they had booked a hotel and paid transport) and that I was going home and not doing the shift.

They apologised, informed me it was out of order and should never have been expected of me.

That was because I only had 10 hours between shifts.

P.S. I've worked as a contractor for Morrisons, Tesco, Asda, B&Q, Homebase, Waitrose and many others. Companies try it on, the moment you let them get away with it they will shaft you. You must just be too willing to bend over.