Working hours

larrykins

I wonder if anyone has any advice.

My husband has not opted out of the working time directive. he was employed on a 1 in 3 contract. basically works 9 - 5 Monday to Friday, during the week, every 3rd night he would be on call, which means straight after work, answering the office phone calls, seeing ships that dock in the middle of the night of required, arranging things for ships docking etc... sleeping in between calls and then starts work at 9am again. and covers the phone calls /workload straight after work on Friday until Monday morning where he returns to work at 9am and works the day (this was one in 3)

he has been forced to make this one in 2.

he now works Monday to Friday 9-5, every other night after work he covers the phone/workload and also every other weekend.

his evenings once he finishes the day shift consist of eating his dinner, finishing off work (on and off as and when it comes in) until around 11pm, goes to bed but has to be up answering any phone calls that come in. he often as to also go out to see ships which can be anywhere from an hour and a half to 5 hours, and then expected to be back at work for 9am the next day

his 2 week shift pattern now goes

Monday - 9am-5pm, on call 5pm-9am
Tuesday 9am-5pm
Wednesday9am-5pm, on call 5pm-9am
Thursday 9am-5pm
Friday 9am-5pm, on call 5pm-9am
Saturday9am-5pm, on call 5pm-9am
Sunday 9am-5pm, on call 5pm-9am
Monday 9am-5pm
Tuesday9am-5pm, on call 5pm-9am
Wednesday 9am-5pm
Thursday 9am-5pm, on call 5pm-9am
Friday 9am-5pm
Sat OFF
Sun OFF

because he isn't getting a continual rest period of 11 hours, and also when on call he isn't 'on call' because he is responsible for all ships coming in and out, crew phone calls etc... I wouldn't class this as 'on call' as such

does he have any 'clout' in refusing to do the extra hours do you think?

sangie595

Probably not. He obviously works in some form of shipping industry. At the very least, employers in this industry qualify for greater flexibility in terms of the WTR's to provide continuity of service, which is essential to the business. It is even possible that he isn't covered by the WTR's. Certainly, simply refusing isn't an option, but it is hard to advise on what may be an option without understanding what the employers argument is and what regulations definitely cover them. I suspect this is one that only an industry union could answer with certainty - I assume he isn't in one?

larrykins

thanks for replying

no he isn't in one... I doubt he would even know who to contact to join one.
they have removed 2 staff in their office and spread the workload over the last 2 remaining members of staff, hence the additional hours. (this has been going on since October last year)

I have now lost 2 job opportunities because of his extra hours he would have looked after the children the nights I was looking to work) and now it looks as though I will lose my house because I cannot afford to pay the mortgage as well as bills, food and getting my 2 children to hospital/doctors appointments weekly.

=(

sangie595

Contact the TUC - they would be able to advise on the appropriate union. I'm afraid I can't really help much on this because shipping is such a specialised area with its own regulations.


You should ask on the benefits board to ensure that you are getting all the help you can get.

Savvy_Sue

What happens when either of these two people is on leave?

larrykins

Thank you for your help hun xxx

when either of these 2 are on leave, they work 24-7 which has happened twice, each this year alone!

larrykins

they have also had to work 24-7 to cover 4 other offices as well as the employer wont employ more people

larrykins

he is also only paid £18540 a year for all this work

getmore4less

That may well be breaking min wage.
(HMRC police this)

I would go see the doctor, this must be causing stress and tiredness.

larrykins

It really is. He is absolutely exhausted and we have 2 children (a one year old with hypothyroidism who has to be seen at great ormond street regularly, and a 2 year old boy with a heart condition, speech delay, eye sight issues, movement issues with walking etc... Upper hearing issues and behavioural issues) and I'm exhausted looking after them and their appointments 24-6 alone because he's always working.

Adding to that he is working all these hours and we can't even pay our mortgage, it's soul destroying and exhausting. Unfortunately we have NO family help at all.

sangie595

larrykins wrote: »

he is also only paid £18540 a year for all this work

I agree with getmore4less - this may well be in breach of the national minimum wage. That is legislation that applies to everybody regardless of industry. But, and you do need to be aware of this, there is no risk free strategy for reporting the employer - either for working time, or national minimum wage. It is a matter of seconds to draw up a shortlist of who reported them, and it isn't difficult to find a lawful reason for dismissing staff if the employer decides to go looking for one. I'm not saying that to put you off reporting it. But you do need to be aware of the risk you take. Anonymous isn't anonymous when there is a shortlist of two people!


And do go and check out the benefits board to make sure that you are claiming all the help you could get - there are £millions of unclaimed benefits, just because people don't know what they are entitled to, so make sure that you are getting all the help you can get.