How many hours break between shifts?

Savvy_Sue

I think that the difference is that if your employer is in breach of UK law, you can take them to a tribunal or court in the UK.

If your employer is in breach of European regulations, you'd have to go to the European court.

A good employer will do their best to keep to 'best practice', IMO, but sometimes it's very difficult. Apparently.

seagull09

My OH had a very similar problem, working in a hotel, finishing at 23.00 and then rostered to start next day at 07.30. I suggested we both scanned her contract very carefully, and sure enough, it said in there that XXXX Ltd will ensure workers get 11 hours rest between consecutive shifts. So she was lucky and managed to get it changed.

The railway industry has a set of rules called the Hidden rules (after Lord Hidden who tabled them following the Clapham disaster I believe). Among other things, these specify a minimum of 12 hours between consecutive shifts. But then it is what's called 'safety critical' work, and the consequences of over-tiredness could be horrendous. I would imagine airline pilots and air traffic controllers must have similar rules to follow.

thriftymanc

Sorry to bump up such an old thread but hopefully someone can clarify for me as I'm a bit confused reading the above posts...

I bumped into an old friend of mine, we used to work together but she was redeployed to a customer services department a while back and I haven't seen her for ages, so we had a good catch up. She was telling me about her shifts and said that very often she will be working e.g. until 22:30 one night then start at 05:30 the next morning (it's a customer support helpline so shifts are all over the place). That's only 7 hours between shifts and she lives 45 mins travel time away from the office, so when she's got shifts like these lined up she only gets about 5 hours sleep before she has to be back up again, and even less if she actually wants to eat, shower etc. Is this right? I told her it didn't sound fair, if not illegal.

I know the above posts say it's your right to have an 11 hour gap, and not the law, but surely if it's your right, then your employer can't make you work shifts like these? Also, exactly which industries are the exception? The website mentions exceptions if the job has busy peak hours - could the employer use this as an excuse to get away with such short breaks between shifts?

mariefab

Daily rest breaks are covered by section 10 of the Working Time Regulations which have been in force in the UK since 1998.

However, they include loads of exceptions. Have a look below.

http://www.legislation.gov.uk/uksi/1998/1833/contents/made

thriftymanc

That link says:

"...does not apply in relation to a shift worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one"

So does that mean the employer can get out of giving you the 11 hour break by saying you're a shift worker? From what I can tell my friend works different shifts all the time, not a set pattern - just whatever they put on the rota each week. Or is it meant to apply to people who have set shifts e.g. work earlies for a fortnight, then lates for a fortnight?

getmore4less

Don't forget the following(sumarised exceptions) applies to the 11hr rules as well as short breaks

(note also that long commutes might be included)

Exceptions to the regulations

Your working week is not covered by the Working Time Regulations if you work in the following areas:

• jobs where you can choose freely how long you will work (such as a managing executive)
• the armed forces, emergency services and police are excluded in some circumstances
• domestic servants in private houses

The rights to breaks apply differently to you if:

• you have to travel a long distance from your home to get to work
• you constantly work in different places making it difficult to work to a set pattern
• you are doing security or surveillance-based work
• you are working in an industry with busy peak periods, like agriculture, retail or tourism
• there is an emergency or risk of an accident
• the job needs round-the-clock staffing (such as hospital work)
• you are employed in the rail industry and you work on board trains or your activities are irregular or linked to seeing that trains run on time

In these cases, instead of getting normal breaks, you are entitled to 'compensatory rest'. This is rest taken later, ideally during the same or following working day. The principle is that everyone gets a minimum 90 hours rest a week on average. This is the total of your entitlement to daily and weekly rest periods, although some rest may come slightly later than normal.

GothicStirling

chokolat2 wrote: »

Thank You hayley11, thats what i needed to know.

I work in a hotel, but more and more often im being put on shifts ending at 2300 and next morning starting at 0700am, which i think is unfair treatment.

Many thanks.

That is standard in hospitality. Nothing unfair about it.

When I worked in hotels I would finish after midnight [maybe later if there was a wedding on] and start again at 6.30 for breakfast.

If you don't like it, there are plenty who would.

dark_lady

If someone has to drive to and/or from work overtired and ends up having an accident you can bet that the roster will magically disappear from the notice board early the next day as the employer moves heaven and earth to cover up the fact that they contributed towards the accident!

GothicStirling

dark_lady wrote: »

If someone has to drive to and/or from work overtired and ends up having an accident you can bet that the roster will magically disappear from the notice board early the next day as the employer moves heaven and earth to cover up the fact that they contributed towards the accident!

Why? It isn't the employers fault. When a staff member accepts a job they have a fair idea of the shift times, they accept the risks. That's like saying because I have to get up at 6.30am to drive to Perth, the employer contributed to an accident on the A9 because I'm tired.

BS. Take responsibility for your own life.