Hours of work

jaygrunt

Can anybody tell me how long a gap (in hours) between the shifts that you work.
I work for LIDL and work many different and varied shifts - not fixed)>I can be working 6-2,next day 4-10,next 6-2 etc like i said very varied.
The reason I ask is the other day I worked until 11.30pm and was then expected to be in work fo 6.00am the following day.
I asked at work because I have always thought there should be at least 8-10 between shifts but was told that it was averaged out over the last 13 weeks,which I have never heard of.
Can anybody give me anything as to what the law actually is and if so please aswell as posting the answer send me a PM?

Many Thanks

LittleVoice

I believe you are entitled to 11 hours rest between working days.

Averaging applies to working weeks (over 17 weeks or longer by agreement) and to weekly rest breaks (minimum of 2 days in a fortnight rather than 1 day a week).

LittleVoice

Another thought - there may be a local agreement of some kind with respect to averaging on rest periods when you work shifts. If there are any such agreements there should be reference to them in the written particulars of employment.

beccybobeccy

Try this...

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

ceridwen

Wouldnt this reference to "averaging out" be something to do with the maximum 48 hour workweek (but employers are allowed to average out hours over a number of weeks - so it is possible for them to tell people to work more than 48 hours in one particular week)? Wrong use of the concept of "averaging" I would think.

Sounds like your employer doesnt know the law very well - or hopes you dont!

I know there definitely IS a minimum rest period in between one day's work and another - I think it could well be that 11 hours Little Voice mentioned. I couldnt say for sure - but I do recall thinking when I read whatever this length of time is "Cor.....they've only JUST allowed enough of a break to allow for 8 hours sleep/getting to and from work and bolting down dinner one day and breakfast the next" - so its not much of a break the law allows for - but it definitely is more than they were expecting you to have that night you finished at 1130pm (starting again the next day at the time they required wouldnt even have allowed for your 8 hour sleep period!).

Hmmm....now just sitting down and calculating how long my break is between one day's work and another = result - I have the standard 16 hours between one period of work and another. Allows 1 hour to get home/5 hours to get and clear up dinner and have some leisure time/8 hours sleep/1 hour to get ready for work/1 hour to travel back to work again.

LittleVoice

ceridwen wrote: »

Wouldnt this reference to "averaging out" be something to do with the maximum 48 hour workweek (but employers are allowed to average out hours over a number of weeks - so it is possible for them to tell people to work more than 48 hours in one particular week)? Wrong use of the concept of "averaging" I would think.

Yes - that's what I was referring to. The 48 hours can be worked out by average (arithmetic mean) work hours over a 17-week period (or longer period by agreement). It can also apply to the weekly rest break (and this is only to minimum 2 days off in a fortnight rather than minimum 1 each week - no averaging over a longer period AFAIK). I see no evidence for averaging the daily rest periods (which breaks between days of work are).

Reflecting more on the original question. We don't know about the whole sequence of work days or how long the work session was which finished at 11.30 pm. This might have a bearing on the matter but I don't know.

craig777

11 hours rest between working days.

'Averaging' is done with regards to the 48 hour week. You can work more than 48 hours in a week, but you can't average more than 48 hours a week over a 17 week period... you're still entitled to your 11 hour rest between working days.

Poppy9

OH works shifts and they should have 11 hours between shifts but in practice often don't. When OH finishes his last late shift at 10pm the next morning he's due in work at 8am. If he has to work on (he's a PO) which is very common then he still tries to get in for 8am as he might have made appointments for his working day or for the evening and going in later than 8am means he won't finish at 6pm or thereabouts.

craig777

I presume if an employee had an accident at work that could be attributed to tiredness, then an employer would be in a bit of bother if it was found out that the employee wasn't getting the 11 hour rest period on a regular basis??

cheshirekitty

I work for the NHS. My late shift ends at 21.45hrs (often do not get off duty until 22.00hrs, and my next shift could be an early shift which starts at 07.00hrs. We normally work late, early, late, early during the week. This means I could get only 9.15hrs between shifts. By the time you have driven home, had a shower etc it means you only get a rest period of about 6.30hrs. This includes the time getting ready/driving to work in the morning.

Surely the NHS cannot be breaking the law?

ceridwen

craig777 wrote: »

I presume if an employee had an accident at work that could be attributed to tiredness, then an employer would be in a bit of bother if it was found out that the employee wasn't getting the 11 hour rest period on a regular basis??

Hmmm......thats a very good point.

I think the phrase "contributory negligence" (ie by the employer) would come into play here - as in tiring the worker out, as well as any unsafe equipment/other work practices/etc.