working hours vs health/mental state

laurz121

wuckfit wrote: »

did you read the link I posted? The regulation is not possible to opt out from. it's specifically there to protect shift workers from being exploited by unscruplous employers who would have people finishing at midnight and in again at 5am if they could.

Yes I read it but I also read about 50 websites that all say that people who do shift work are exempt.

If a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

You should get at least one day off every week and an uninterrupted break of 11 hours every day.

Workers 18 and over have a right to a 20 minute break where the working day is longer than six hours, in addition a rest period of 11 consecutive hours between each working day, (unless working on a shift pattern)

But your employer can meet the weekly rest requirement by giving you two days off a fortnight. So you could work 12 days in a row and then have 2 days off without breaching the limit.

But some workers are treated differently:

These include those listed on above and:

security guards, caretakers and other jobs where you need to be there to protect people and property
where the job involves long traveling distances
where the job requires 'continuity of service or production' such as hospitals, prisons, docks, airports, media, post and telecoms, civil protection (eg the police), agriculture, and industries where work cannot be interrupted such as utilities
jobs where there are seasonal rushes such as tourism, post and agriculture
Shift workers when they are in the process of changing shift
The right can also be suspended if there is an emergency or accident.

wuckfit

That would apply to set shift patterns from moving from say a back shift to an early shift.
Rota'ed employees are not shift workers.

fluffnutter

Unfortunately I can't really help but I do think this is an interesting discussion and I was hoping that someone might be able to comment on the point that I think is most interesting about this....

It's sometimes the case the those with children can arrange possibly more favourable working patterns with their employer. This is no doubt done on a good-will basis, for good reason, to benefit both the employer and the employee. As you can't be discriminated against due to, say, marital status, I assume that this applies to similar lifestyle choices (correct me if I'm wrong) and a person can't legally be discriminated against because they don't have children.

At what point, if any, would favourable treatment of those with families ("you can knock off early because you've got to pick up your kids - you've got to cover them because you don't have kids") become discrimination against those who don't?

Just interested, guys. There's some sound advice on these forums and I'd like to hear your opinions.

little_girl_lost

fluffnutter wrote: »

At what point, if any, would favourable treatment of those with families ("you can knock off early because you've got to pick up your kids - you've got to cover them because you don't have kids") become discrimination against those who don't?

Just interested, guys. There's some sound advice on these forums and I'd like to hear your opinions.

Good Point!

Things like I'm taking all my holiday in August because the kids are off.
I cant work Bank holidays/Boxing Day etc
Its my sh*t-bags sports day


Maybe I should just have a baby! It would possibly make life easier :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

little_girl_lost

.........not

SueC_2

little_girl_lost wrote: »

I think my best course of action is to see the Doctor and discuss my working hours.

A very sensible idea. Under the new 'fit note' system your doctor could state that in order to assist you return to work you should be allowed to work only certain shift patterns.

Your employer doesn't have to agree to this, as it all depends on whether the business could support it, and even if your employer did agree, it would only be a temporary step until you were fit enough to resume your 'normal' routine. But it may buy you a bit of time until you are back at full strength.

fluffnutter

little_girl_lost wrote: »

Good Point!

Things like I'm taking all my holiday in August because the kids are off.
I cant work Bank holidays/Boxing Day etc
Its my sh*t-bags sports day


Maybe I should just have a baby! It would possibly make life easier :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

That's kind of my point, lgl. It doesn't seem fair that this should happen, but then fair and legal are not the same thing. I wondered at what point this would become something you could genuinely have an issue with. Given this a bit of a bump so hopefully someone can advise.