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Employee rights
crookey5389
Posts: 8 Forumite
Looking for some advice please...
I work for a District Council in a Housing Department. I work 4 on 4 off, 12 hour shifts but I get paid for 10.5 hours each shift. I work a mixture of days and nights, usually 2 blocks of days then 2 blocks of nights.
The Council have just informed us they are planning to make it mandatory for some of us to work days only and others nights only, for an initial period of 6 months. I would like to know whether it will be legal for them to make us work permanent nights.
I have read employees must not work on average more than 8 hours in one night shift over 17 weeks. Over 17 weeks I can work 60 shifts. 60 x 10.5 hours = 630 hours. 630 ÷ 17 (weeks) = 37.06 hours (a week). Some weeks I work 4 shifts, so 37.06 hours ÷ 4 = 9.27 hours (a shift). Some weeks I work 3 shifts, so 37.06 hours ÷ 3 = 12.35 hours (a shift). Does this mean they cannot force us to work 4 on 4 off permanent nights because we would be working on average more than 8 hours per night?
I work for a District Council in a Housing Department. I work 4 on 4 off, 12 hour shifts but I get paid for 10.5 hours each shift. I work a mixture of days and nights, usually 2 blocks of days then 2 blocks of nights.
The Council have just informed us they are planning to make it mandatory for some of us to work days only and others nights only, for an initial period of 6 months. I would like to know whether it will be legal for them to make us work permanent nights.
I have read employees must not work on average more than 8 hours in one night shift over 17 weeks. Over 17 weeks I can work 60 shifts. 60 x 10.5 hours = 630 hours. 630 ÷ 17 (weeks) = 37.06 hours (a week). Some weeks I work 4 shifts, so 37.06 hours ÷ 4 = 9.27 hours (a shift). Some weeks I work 3 shifts, so 37.06 hours ÷ 3 = 12.35 hours (a shift). Does this mean they cannot force us to work 4 on 4 off permanent nights because we would be working on average more than 8 hours per night?
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Comments
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I would suggest speaking to ACAS to help you... given you work a fixed 10.5 hour shift then the average per shift is 10.5hours. The bit thats unclear from the ACAS site is if the off days are supposed to be counted in any way to reduce the hours
https://www.gov.uk/night-working-hours/exceptions-to-night-work-limits
Note that there are also exceptions to the rules where 24/7 working time is required, eg in hospitals. I am guessing this may apply in your case0 -
If the trades unions recognised for collective bargaining have agreed alternative patterns with the employer then that can replace what you've quoted.
Speak with TU to find agreement and if aware of employer intentions.1 -
what time does the night shift cover? some places only count night hours as starting at 10pm and ending at 6am so that is 8 hours
mortui non mordent0 -
Officially nightwork is defined as at least three hours of work taking place between the hours of 11 pm and 6 am.montyrebel said:what time does the night shift cover? some places only count night hours as starting at 10pm and ending at 6am so that is 8 hours0
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