Extermely long working hours

NoAngel

Hi All,

A few months ago OH was made redundant. He was fortunate enough to find a new job within a few weeks. He says he enjoys the job, but lately I've been so worried about him. It's an hour drive to work (which fair enough, is nothing to do with the company), but they work away a lot and there's quite a bit of driving involved. He's just driven 200 miles froma job and arrived back at the workshop just before Midnight. He's expected to put the van away and lock up before coming home, and getting back to the workshop for 8.30am tomorrow. Therefore by the time he gets home, he'll have about 5.5 hours before setting off again.

Can this be right? He has worked from 7am till midnight and expected to be back in at 8.30?! He's so exhausted that I'm really worried about him driving on the motorway right now. He probably won't be much better by morning, plus it's a manual job.

Surely they should be entitled to a morning off at least? I've suggested he comes home and calls in the morning when is due to start to explain how late it was when they got back (the more senior people probably won't know the exact time) and ask the procedure for when he is expected in, but he won't and is prepared to set off again first thing.

Any comments would be appreciated

Viper_7

No, that is not right. I'd have to research it, but one must have at least 11 hours off after so many hours worked...something like that.
Someone else will be along shortly I'm sure with the answer.

NoAngel

I also read about supposedly having 11 hours off. Apparently nobody else seems to mind, so he hasn't said anything. It makes me so angry, they don't get paid for overtime (just a day rate) and sometimes it seems that the company really take advantage.

nexuss

Under the Working Time Regulations 1998, regulation 10, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer but many employees opt out of the directive.If he complains about the hours they will simply cut down his hours and give the majority of his work to someone else.At the end of the day it is your husband who chose the job where he has to drive an hour each way.It is a choice of long hours or back on the dole.

NoAngel

But if he is paid per day then surely it wont matter if they cut his hours. Yes, he chose the job where there is an hour drive, which is why I pointed out in my first post that this is nothing to do with the company. But the fact is that working 7-12 (i.e. a 17 hour day), with an 8.5 hour rest period before starting again for an 8 hour shift seems quite unreasonable to me, not sure if anybody else works these kinds of hours?

Surely it can't be right that it's either a case of work these hours or go on the dole?! Neither of us have ever been on the dole and I don't think he'd like to give up what should be a perfectly good job to do so. Thank you for your post, it's been helpful I've advised him of the entitlement to a rest period, I think he's going to approach his manager tomorrow to have a chat about getting a more reasonable amount of sleep in this sort of situation.

ceridwen

Nope - it aint legal basically.

I know there is a legal minimum rest period in between shifts - couldnt say for sure - but think its 11 hours.

There is also the Working Time Directive - think thats the right name? - which specifies one cant work more than an average 48 hours per week without signing an opt-out form agreeing to do so.

Have a look on here - it should be on there somewhere:

www.tuc.org.uk/tuc/rights_main.cfm

Kimitatsu

This might help:

Rest Periods in Employment

The Working Time Regulations 1998 provide rules regarding the periods of rest that an employee must be given between shifts and during.

Rest

An employee (adult employee) is entitled to at least an 11 hour rest period in each 24 hour period during which they work.

The above entitlement is subject to the following conditions:

a) where working time is unmeasured.
b) where the worker is engaged in one of 'special activities'.
c) where a shift worker changes shift and cannot take the daily rest period between each shift.
d) where the work conducted is split over the day.
e) where the right is modified or excluded by agreement.

However if he has signed away his rights under the WTA then the basic he is entitled to is 8 hours between shifts and this does not include his travel time to home.

NoAngel

Thanks for your advice everyone. He didn't realise it would be quite so demanding when he took the job- and believe me he isn't scared of hard work! I think it's also because it's such a contrast to his old job- walking distance, paid per hour (so long hours were rewarded), decent sleep periods and he also enjoyed the work more. Blame the recession.

I'll be showing him this thread tonight so that hopefully he can decide what to do next.

tanith

Sounds like the firm probably know full well that they are asking people to work way over the legal limits but know in this difficult time people are just desparate not to be unemployed and so will put up with being exploited just to keep the money coming. I can understand your husband being new and not wanting to rock the boat but seriously he is putting himself and others at risk driving when he must be exhausted, but what the answer is I don't know, maybe he could have a private word with his colleagues or immediate boss and ask if its appropriate to start later when he has had such a late night.. they can't sack him for asking a few questions after all...

Oldernotwiser

If his distance jobs are for more than a day, would it be worth his while to get some cheap digs locally to avoid the driving. Obviously this won't help if he's only at one place for a day but it might be worth looking at.

[Deleted User]

I used to work for the Pay and Work Rights helpline and can tell you that the 11 hour gap between shifts is government enforceable and cannot be averaged. If he voices his concerns over working time regulations with the firm and they ignore him or tell him to get lost he can file a complaint under the working time regulations. Now where he should complain to depends on the area of work the business is in and how many tonnes the vehicle he drives is. If he drives a vehicle of more than 3.5 tonnes then he would need to get in touch with VOSA. If less than 3.5 tonnes and if he worked in the private sector he should get in touch with the local authority who will take on a complaint. If he works for the public sector or certain private sector premises (such as a factory) he should phone the Pay and Work Rights helpline who could put a complaint forward to the health and safety executive. All of the above can be done anonymously.