Opting Out Of Rest Periods

crashedandcool

I work in a job with a shift pattern and break pattern where its not the bese. The number of hours worked change per week(from 24 to 64) and sometimes you have 8 hours or less between shifts for example. Now I know you can opt out of the 48hr per week law(and I know its an average over 17 weeks), but can you opt out of the one where you have to have 11 hrs rest between shifts and 90 rest hours per week and I guess if you opt out of 48hrs you are due less rest time?


Also if you do 12hr nightshifts how does that work
Also does anyone know if there is a minium shift length an employer must give like 4hrs?



Thanks in advance

General_Grant

crashedandcool wrote: »

I work in a job with a shift pattern and break pattern where its not the bese. The number of hours worked change per week(from 24 to 64) and sometimes you have 8 hours or less between shifts for example. Now I know you can opt out of the 48hr per week law(and I know its an average over 17 weeks), but can you opt out of the one where you have to have 11 hrs rest between shifts and 90 rest hours per week and I guess if you opt out of 48hrs you are due less rest time?


Also if you do 12hr nightshifts how does that work
Also does anyone know if there is a minium shift length an employer must give like 4hrs?



Thanks in advance

To answer that one - there is no minimum shift length.
[For young workers (those over school leaving age and younger than 18), the statutory break is 30 minutes if the shift is to last more than 4.5 hours. ]

Have you looked at the compensatory rest break regulations?

z1a

"sometimes you have 8 hours or less between shifts for example"

That can't be right, can it?

BrassicWoman

this is industry dependent; what's your line of work?

crashedandcool

I'm not fully understanding compensatory rest breaks, but itsomething to do with getting that time back at some point?



See another thing. If you out opt of the 48hr week, but still have to get 11hr rest breaks and a whole day off where can you work extra hours and what was the point of opting out



I work in Security.

steampowered

No, you cannot opt out of the minimum rest periods in the Working Time Regulations. You can only opt out of the 48 hour limit.

The rest periods are very short already and are necessary from a health and safety point of view.

crashedandcool wrote: »

I'm not fully understanding compensatory rest breaks, but itsomething to do with getting that time back at some point?

See another thing. If you out opt of the 48hr week, but still have to get 11hr rest breaks and a whole day off where can you work extra hours and what was the point of opting out.

If you took only the legal minimum breaks - 11 hours rest every 24 hours, and 1 day off a week (or 2 days off a fortnight) - that's still a 67 hour work week ...

crashedandcool wrote: »

I work in Security.

There is an exemption from most of the rest break rules for security guards and caretakers where a permanent presence on the property is required.

crashedandcool

steampowered wrote: »

There is an exemption from most of the rest break rules for security guards and caretakers where a permanent presence on the property is required.

Thanks. Do you know where I can reference some material on that exemption or would I have to look at the whole WTD itself?

elsien

The usual rules also don't apply for roles such as care workers, chefs etc where shifts are necessary. We used to have some 2 hour shifts 7/9 then people back in at 4pm.