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11 Break between shifts.

I wonder if anyone can help me, i have had a look around and cant seem to find the answer to this anywhere??

My work has offered overtime on a thursday night shift. 9:30pm till 5:30am. I am currently due to work on the Friday from 13:30pm till 21:30 pm. They have said yes on the condition I dont come in till 16:30 and make up the hours another time. This is due to the 11 hour break required between shifts. If I finish at 05:30am and come back at 13:30 its a 7 hour break. I thought they by law were not allowed to make me work before the 11 hours but if I agreed to do it myself that this was ok?

Can anyone help me with this?
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Comments

  • Hammyman
    Hammyman Posts: 9,913 Forumite
    You need to sign an opt-out to the working time directive otherwise it is illegal. However I have yet to see anyone being prosecuted for a breach of the WTD.
  • Millwright94
    Millwright94 Posts: 11 Forumite
    Is the opt out form relevant to the 11 hour break or just the 48 hour maximum working week?
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Most employers..even major blue chips,run a coach and horses through the WTD.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Is the opt out form relevant to the 11 hour break or just the 48 hour maximum working week?
    Opt out form is indeed only for the 48-hour week AFAIK.
    I believe the OP is correct to think that an employee can if they wish, and the employer agrees, have a break between shifts of a shorter length. Given what the employer has said, they may feel that it would be detrimental to the OP's job performance to have the reduced rest break and therefore they can stipulate the later starting time.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    Most employers..even major blue chips,run a coach and horses through the WTD.

    evidence please?

    this is not my experience.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • elsien
    elsien Posts: 37,503 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 May 2010 at 8:58PM
    Don't some aspects of the WTD depend on the job that you do, and there are some exemptions for certain jobs? OP - what is your job role?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Millwright94
    Millwright94 Posts: 11 Forumite
    I work in a customer service role on the phone most of the day.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    What rate do you get for overtime?

    Can't they just adjust those as extra hours to cover the missing ones?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Most employers..even major blue chips,run a coach and horses through the WTD.
    Emmzi wrote: »
    evidence please?

    this is not my experience.

    NHS a lot of nurses don't get their breaks.
  • stef73
    stef73 Posts: 545 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Where i work you have to have 11 hours off between your normal shifts. But overtime you dont as its an optional shift and not part of you normal shift.
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