Mandatory 11 hour breaks between shifts - quick help needed!

Teasle

Asking for a friend.

I understand the mandatory rest periods between two shifts in the UK is 11 hours for PAYE employees. My friend is being forced to finish at 10:30pm this evening and begin work tomorrow at 8:45am - 10.15 hours. They say this reduced break is fine as it is 'mandatory overtime'..

Can they do this? It certainly doesn't seem fair to me!

Any tips on this rule would be very helpful, thank you.

Guest101

Teasle wrote: »

Asking for a friend.

I understand the mandatory rest periods between two shifts in the UK is 11 hours for PAYE employees. My friend is being forced to finish at 10:30pm this evening and begin work tomorrow at 8:45am - 10.15 hours. They say this reduced break is fine as it is 'mandatory overtime'..

Can they do this? It certainly doesn't seem fair to me!

Any tips on this rule would be very helpful, thank you.

How long has he or she worked there?

Teasle

Guest101 wrote: »

How long has he or she worked there?

Just coming up to three years this January.

getmore4less

is this a one off or a regular?

Does the industry qualify for compensatory breaks.


they also need to make sure they are getting holiday pay for the overtime

cliffsgirl

You can opt out of the 11 hour break. My work is open 6am to midnight and you can be working to midnight one day and then starting at 6 in the morning again the next day.

duchy

Some firms won't allow you to opt out , but you can't be forced to opt out.

Mr.Generous

split shifts don't count and emergencies are an exception, otherwise check out the European Working Time Directive, basically 1 breach is enough to win a tribunal but you can't raise a case after more than 3 months sinse the last breach.

TyreLever

duchy wrote: »

Some firms won't allow you to opt out , but you can't be forced to opt out.

On that subject, if someone doesnt "opt out" of the 48 hour week limit, can they still occasionally accept more than 48 hours work if they choose to? Someone may not choose to opt out if they feel they dont want to be forced into working compulsory overtime, but may still want to make the odd exception.

ohreally

cliffsgirl wrote: »

You can opt out of the 11 hour break

Can you reference this?

cliffsgirl

ohreally wrote: »

Can you reference this?

We had to sign a form at work opting out which means one day we can work till 12 midnight and the next day start at 6am. I'm in Northern Ireland, don't know if that makes a difference.

getmore4less

The standard optout is total hours not breaks.
http://www.legislation.gov.uk/uksi/1998/1833/made
section 5.

it may be different in NI or you may have been conned.