Daily rest between working shifts

paddedjohn

ValHaller wrote: »

Post 6 says

So it was not clear in post 6. Are you referring to post 4?

Post 4 laid down the conditions for compensatory rest which I presume is lifted from https://www.gov.uk/rest-breaks-work/exceptions. The problem I find with this is that it is poorly written and not straight forward to apply to the present case - becuase it does NOT explicitly lay down the criteria for less than 11 hours break - it just lays down the criteria for compensatory rest. These are 2 different issues.

Yes sorry it is post 4 i was referring to. It is not poorly written really, the exemption is there in plain English, compensatory rest, as the name suggests, is in place of the daily rest so its only 1 issue.;)

ValHaller

paddedjohn wrote: »

the exemption is there in plain English, compensatory rest, as the name suggests, is in place of the daily rest so its only 1 issue.;)

The conditions for compensatory rest are there in plain English. But the exemption really is not there in plain English. It is at best implied. As the document is merely a guide rather than an authoritative statement of the law, you are at risk of getting something wrong if you read things into implied statements.

paddedjohn

Ive just found this which may help.

http://www.legislation.gov.uk/uksi/1998/1833/contents/made

Part II (10) deals with breaks

Part III (22) deals with exemptions for shift workers

Shift workers

22.—(1) Subject to regulation 24—
(a)regulation 10(1) does not apply in relation to a shift worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one;
(b)paragraphs (1) and (2) of regulation 11 do not apply in relation to a shift worker when he changes shift and cannot take a weekly rest period between the end of one shift and the start of the next one; and
(c)neither regulation 10(1) nor paragraphs (1) and (2) of regulation 11 apply to workers engaged in activities involving periods of work split up over the day, as may be the case for cleaning staff.
(2) For the purposes of this regulation—
“shift worker” means any worker whose work schedule is part of shift work; and
“shift work” means any method of organizing work in shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.