how many days a week can i work legally

ive just got a new shift pattern at work there proposing and it will mean me working 8 till 530 monday to friday then i must do 1 weekend in every 3 that means ill be doing 8 til 530 for 12 consecutive days without a day off also id have to go onto the other guys shifts when they go on holiday (they will do 4 days on 4 off then 4 nights on 4 off 12hr shifts)
i would be expected to cover there shifts instead of mine. im not happy about this , i have a young son at home and i will miss him me being at work all the days god sends , is it legal:confused:
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  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
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    In answer to the question you pose - how many days a week can I work legally - the answer is you can legally work every day of the week if you want to.

    However, you cannot be forced to work more than 48-hours a week (on average) and you are entitled to breaks and rest periods between shifts.

    Here's a link - http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.l3=1074014258&topicId=1074014258&r.t=RESOURCES&r.i=1073792298&r.l2=1073858926&r.s=m&tc=000KWBERR2011805217 - to more information about breaks between working days and so on which you could use to see how the proposed work patterns might or might not meet the requirements of the WT regs.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
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    as long as you are getting 2 days off a fortnight, it's legal

    http://www.adviceguide.org.uk/index/e_rest_breaks_at_work.pdf
    Debt free 4th April 2007.
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 13 June 2009 at 9:08PM
    You will need to gen up on the working time directives it coversthe rules for breaks at work

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


    This would be your first queston to the employer

    "do these new shifts comply with WTD rules?"

    12 days are OK as long as there is a 2 day break before reurning to work

    Weekly rest - the 'weekend'

    If you are an adult worker you have the right to an uninterrupted 24 hours clear of work each week or an uninterrupted 48 hours clear each fortnight.


    If you cannot work the new shifts then you may be eligible for redundancy.
  • ohreally
    ohreally Posts: 7,525 Forumite
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    Do you have a trade union at work that you can involve, if so this is one for them as the employer may simply impose their will on you.
    Don’t be a can’t, be a can.
  • paulwf
    paulwf Posts: 3,269 Forumite
    Seems to be legal but it doesn't sound ideal for employees which means in turn it isn't good for employers. The situation seems ideal to create another job, could you all get together and express your displeasure to the management and propose an alternative? Could someone be employed to work weekends with the option of holiday and sickness cover? As it stands if someone is off sick or wants to go on an extended holiday you'll end up doing silly hours!
  • Roobarb73
    Roobarb73 Posts: 116 Forumite
    What kind of sector/industry are you in?
  • I know its not nice when you have a young family but i have to work every weekend as i was made redundant a month ago and now this new job i have to work weekends and yes all week aswell but im just happy to have a job but good luck and hope you get better shifts to spend with your son
  • isplumm
    isplumm Posts: 2,211 Forumite
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    jamesey wrote: »
    ive just got a new shift pattern at work there proposing and it will mean me working 8 till 530 monday to friday then i must do 1 weekend in every 3 that means ill be doing 8 til 530 for 12 consecutive days without a day off also id have to go onto the other guys shifts when they go on holiday (they will do 4 days on 4 off then 4 nights on 4 off 12hr shifts)
    i would be expected to cover there shifts instead of mine. im not happy about this , i have a young son at home and i will miss him me being at work all the days god sends , is it legal:confused:

    Years ago, I did some work on the working time directive .... from what I remember you were limited to doing an average of 48 hours a week .... but the average was worked out over 16 weeks ... I have quickly worked out your hours for a 16 week period, based on 8.5 hours per day & it comes to 717.5, which averages out at 44.84 hours per week ... so I think they are ok from that point of view ....

    But I do wander whether they are changing your t&cs of your contract .... are you now doing more hours ... etc .... if you haven't got a trade union, you might want to speak to ACAS, who I think can advise on these kind of matters ....

    Mark
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  • Fluffi
    Fluffi Posts: 324 Forumite
    edited 15 June 2009 at 8:25PM
    I thought the 48hr average weekly limits only applied if you hadn't opted out of the working time directive? Similarly doesn't the number of days you have to work depend on what you've signed?
  • Roobarb73
    Roobarb73 Posts: 116 Forumite
    Fluffi wrote: »
    I thought the 48hr average weekly limits only applied if you hadn't opted out of the working time directive? Similarly doesn't the number of days you have to work depend on what you've signed?

    Yep that's right re the 48 hr week

    That is the only part of WTR you can opt out of. You cannot opt out of the daily or weekly rest periods.

    You are entitled to one 24 hr rest period in a week unless you work in certain industries/sectors where provided you get a 48 hr rest break in a 2 week period they are complying - eg care homes.
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