Working night shift

scruffy96uk

Not sure if this is the right forum so if not please move!
I have a friend that works nightshift but has to go to college (through work). She works 10.30pm-8.30am. Our workplace is expecting her to do the nightshift then go staright to college for a full day 9am-4pm. She would however get that night off.

Where does she stand and what is she entitled to get off?
Any help/advise much appreciated

TIA
Scruffy

Zziggi

I'm thinking "european time directive"?

Don't know what exactly it is but when DH was working there were occasions where he finished at 10pm (got home 11.30pm) and they expected him to be back at work for 4am (which meant setting off at 2.30am). He refused and cited the european time directive.

elantan

personally (and it may only have applied to me) when i had to go to college after a night shift i then had to go back to work that night....so effectively worked sun night shift off to college mon morning then work mon night..i didnt get any time off this lasted for a full academic year (2005) ...wouldnt do it now though

firesidemaid

not an expert on working time directive - and depends on whether the person is doing one of the excluded jobs, but

you can only work a max of 13 hours per day, and must have 11 hours rest per day plus other rules.

so in theory you would think that she would need the night before and the night after off if study counts as work.

wtd isn't written in stone and there are some variations/allowances - but not about the 11 hour rest rule i don't think. but if they do it that way she will still have 11 hours rest in each 24 hour period. not sure if that is ok or not?

anyone else know?

elantan

but the european time directive only states you must have 11 hours between shifts(rest period)...going for education may be differrent effectively not work)...i might be wrong though ...but i know we dont get away with european directive the other shifts from me do a back onto an early often

Zziggi

sazzacat wrote:

not an expert on working time directive - and depends on whether the person is doing one of the excluded jobs, but

you can only work a max of 13 hours per day, and must have 11 hours rest per day plus other rules.

so in theory you would think that she would need the night before and the night after off if study counts as work.

wtd isn't written in stone and there are some variations/allowances - but not about the 11 hour rest rule i don't think. but if they do it that way she will still have 11 hours rest in each 24 hour period. not sure if that is ok or not?

anyone else know?

I have a feeling that the employee can chose to ignore the 11 hour rest rule if they chose (but there are other considerations) but if the employee insists on it, then the employers have to allow it. I think this is what happened in the situation with my DH. He refused to ignore the 11 hour rest rule and offered a compromise of at least 6 hours sleep (however this was not regular work pattern, just one offs).

allycat999

Can ignore the time directive as my DH works for MOD fireservice and he has signed to be excluded from this as he sometimes works a 24.5 hour shift

elantan

yeah my hubby is the same ......funny thing though they pull the old time directive out of the bag when they dont want to give overtime

Savvy_Sue

Be worth asking ACAS about this? But if the company require you to go to college, presumably they'd like you to be awake while you're there ... :rotfl: