Working hours question...

SixTwoSix

SixTwoSix

SixTwoSix

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Can't find a clear answer on google, maybe someone here can help.

My workplace is enforcing a rule this year that all employee's, either permanent or temporary must have a minimum of 11 hours away from the business before resuming their next shift.

No problem throughout the week, most of us do 8 hour days.

The issue has arisen with overtime. For example, i'll finish @ 11PM on Friday night and am quite happy to come back in for 7AM Saturday AM but now it isn't allowed. Hasn't been an issue for the last 6 years, this year apparently "the law has changed" and we have to abide by it.

Does anyone known of anything legal that says you can't return to the workplace within 11 hours of your previous shift finishing?
 
The LAW states that you must have at least 11 hours rest between finishing and starting work, that is for your protection, they cannot make you do that. IF you choose to come in the following day at 7am because you requested it then that is fine.

It does not say anything about not being able to return to the work place though.
 
working at a supermarket and getting screwed by them, i have not heard of a rule change, i believe the government "advise" an 11 hr gap between shifts, but can only be 8 as you said
 
MadMossy said:
The LAW states that you must have at least 11 hours rest between finishing and starting work, that is for your protection, they cannot make you do that. IF you choose to come in the following day at 7am because you requested it then that is fine.

It does not say anything about not being able to return to the work place though.
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under current law that is not true
 
CAB will answer this as it'll be a very common question. Although, having read your post again, it sounds like it'll be enforced regardless so it may be a moot point.
 
I think the Working Time Directive was a minimum of 8 hours rest period over any one 24hour period or something like that. Could be wrong though.
 
My understanding is that you can't opt out of the 11 hour between shifts rule of the EWTD. That's been around for a long time though.
 
you're entitled to an 11hr break between shifts, I've never heard that employers have to enforce this break if the employee would rather do extra work, although in a job that could be dangerous without proper rest then the employer could be considered putting you at risk by allowing shorter rest periods


https://www.gov.uk/rest-breaks-work/overview
 
Jokester said:
I think the Working Time Directive was a minimum of 8 hours rest period over any one 24hour period or something like that. Could be wrong though.
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No, it's definitely 11 hours between shifts not 8 and like I said I'm pretty sure you can't opt out of that.
 
it would be great if they did change :D, you have to remember if you only get 8 hrs, then take off the time it takes to get home, have a rest, eat, have a shower, get to bed, fall asleep? then how ever early you need to get up the next day, could be lucky if you get 3 hrs sleep
 
wow look at all these people on here that have never had to work flexi shifts, it is government "GUIDELINES" and what they "ADVISE" is 11hrs, it is NOT law, the minimum is 8 hrs, otherwise you are saying every Supermarket in this country is breaking the law??????
 
Haze said:
wow look at all these people on here that have never had to work flexi shifts, it is government "GUIDELINES" and what they "ADVISE" is 11hrs, it is NOT law, the minimum is 8 hrs, otherwise you are saying every Supermarket in this country is breaking the law??????
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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.
 
Haze said:
otherwise you are saying every Supermarket in this country is breaking the law??????
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How are they saying that? I think you're assuming every supermarket makes it's staff stay till late at night and then demand they come in early the next morning as well. Most are better managed than that.
 
I hope that you can opt out otherwise my employer is in trouble. In sure there are hundreds of thousands of people in retail who have less than 11 hours between shifts.
 
yes?? when did you last work for a supermarket?? i have raised the issue before, because i think it sucks, like i said above, and when you look into it, you will see that 11hrs is just guidlines
 
Employees should have 11 hours rest between shifts. However, it's never that simple and it is possible to have less time between shifts, provided there is compensatory rest later in the week.

Rather than risk falling foul of the Working Time Regulations, some employers will just put a firm rule in place much like yours. There has been no change to this part of the WTR for some time so to blame a recent change in the law is just an excuse. However, it's their call.
 
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