Can I work 2 shifts back to back?

teabelly

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.


Retail still has to comply with compensatory rest rules so it isn't carte blanche to over work people.

Savvy_Sue

I've had a quick look at that page you linked to teabelly, and I can't find anything which says what the maximum length of a shift can be?

I'm only asking because I've just discovered a colleague is working from 8 pm tonight to 6 am tomorrow, having already done 11 am to 4 pm. It's a one off, and it WON'T happen again (she didn't have the day job when she offered to do that night shift!) but are we in breach of the WTD?

Total hours are well within the 48 hours.

SarEl

Savvy_Sue wrote: »

I've had a quick look at that page you linked to teabelly, and I can't find anything which says what the maximum length of a shift can be?

I'm only asking because I've just discovered a colleague is working from 8 pm tonight to 6 am tomorrow, having already done 11 am to 4 pm. It's a one off, and it WON'T happen again (she didn't have the day job when she offered to do that night shift!) but are we in breach of the WTD?

Total hours are well within the 48 hours.

Technically it would be in breach (assuming that this is the same employer of course), and I can't imagine what use she will be after that length of working time (health and safety risk also - if she makes an error), but for a one-off I wouldn't worry too much. The teeth, such as they are, in the legislation are based on the employee objecting (although obviously a good employers might resist such a breach). I'd say it was a judgement call - as a one-off maybe not something that will upset too many applecarts provided it never happens again and she isn't going to complain, but I would have concerns if her job involves anything for which the employer might be liable if something went wrong because she was too tired to work or pay proper attention.

Savvy_Sue

No, she's not going to complain, and if I'd realised sooner I'd have said "this is NOT a good idea!"

She won't be driving, and she won't be on her own, and they can pack up early if it's all too much. Which I have advised her to do!

I'd just be interested to know what the maximum length of working time is, before the 11 hour rule kicks in? Then I can make sure we're not breaching it in future ...

SarEl

Well the rules on daily working are that there must be 11 hours in any 24 hour period, so technically that would mean no more than 13 hours consecutively. Special rules do apply to shift changes and the 11 hour rest period doesn't apply - but I don't think you could legally stretch that to no rest period! As I said, under the circumstances it isn't going to be tested, so it is rather academic. My only concern, given she is ok about this, would be the liability issue, so if that is covered to your satisfaction there isn't a problem.

Savvy_Sue

Thanks, that's helpful. D'oh, didn't think of subtracting 11 from 24 to get an answer, but then it's been a ghastly week ... And it sounds as if the 8 pm to 6 am (with appropriate rest periods!) is OK, on that basis. Especially as it only happens on a Friday night so you get the weekend after it.

It only happened because they'd offered to do the evening and night on a 'bank' basis before starting the day job, and didn't think to either change it or not work during the day. I don't get involved in the rotas or I might have spotted it sooner, but then again ...