Working every day of the week - illegal?

katebl

Hi all, hope to get some opinions - after years of optional overtime at weekends with us having opted out of the working time directive my employer have now decided that working 7 days a week is apparently illegal and so cannot be done anymore - can anyone confirm if this is actually correct? I can find nothing online that says anything recent has changed so either a) something else is going on or b) they've been in the wrong for years!

specialboy

Google weekly rest rules.

getmore4less

Working time allows for 24 days in a row with 2days off at each end

Many think different but don't understand the rules.

specialboy

I wouldn't be too sure about that, I know what you're getting at but I'm sure you can only roll two weeks over so work 12 then have two days rest then work 12 more.Even if the above or your answer is correct by opting out of the regs the employee is allowed to forgoe the rest days if they want.

agrinnall

Whether it's illegal or not is irrelevant, if your employer has decided that he doesn't want any of his staff to work 7 days in a row that's up to him - his money, his rules!

getmore4less

specialboy wrote: »

I wouldn't be too sure about that, I know what you're getting at but I'm sure you can only roll two weeks over so work 12 then have two days rest then work 12 more.Even if the above or your answer is correct by opting out of the regs the employee is allowed to forgoe the rest days if they want.

Opting out only covers the 48hr limit.
Rest periods still apply.

LittleMissGiggles123

I wonder if your employers decision has something to do with the new ruling on overtime vs holiday pay?


Anyway, I think what agrinnall has said is spot on. Your employer doesn't have to carry on offering overtime, in fact most employment contracts I have come across specifically state that overtime is not guaranteed. They have probably realised how much money it is costing them & how much it will cost them in future with regards to the new ruling.

specialboy

getmore4less wrote: »

Opting out only covers the 48hr limit.
Rest periods still apply.

Rest periods are not compulsory, the employee is entitled to them the same as they are entitled to holidays but if the employee so wishes they can forgo them without any law being broken or do you have a link to something different?

katebl

Thanks everyone for your opinions - this happened before the ruling this week, and they're not trying to cut back on overtime - they're trying to squeeze more hours in on remaining days! This is what puzzles me, it's so disruptive I can't see why they would go with it unless it was absolutely necessary but I can't find anywhere that it is... It's making me wonder if it's someone's agenda rather than law - working hours are still over 50 a week even without the seventh day and all those involved opted out of the 48 hrs

katebl

Just to clarify, they would now rather people did 12 hour days than work the seventh, which to me is far more taxing on staff than shorter days and a few hours of a weekend!

Another_not_new_user

specialboy wrote: »

Rest periods are not compulsory, the employee is entitled to them the same as they are entitled to holidays but if the employee so wishes they can forgo them without any law being broken or do you have a link to something different?

That is not entirely accurate. Provided the employer permits the breaks allowed under the working time regulations, then it is true to say that the employer is not technically breaking the law. Until they get an employee who argues successfully that they were intimidated or forced into this situation, or there is an enormous screw up that leaves someone dead or injured. There are reasons why these laws exist.


And also, technically, an employee cannot opt out of the general provisions of the working time regulations. There is no law that says they can, unlike there is with the 48 hours. You are required to take your lunch break whether or not you do. You are required to take your days rest, whether or not you do. The rest of the working time regulations apply - the only opt out is the working hours. The employer can't opt out of any these things though - it isn't in their purview. And neither can employees.


I would say that any employer permitting someone to work, in the same employment, for seven days a week, is playing fast and loose with the law and will end up burned. No doubt someone has explained that to the employer. Any legal challenge to this working practice is bound to win.