We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Employee rights

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?

Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    edited 3 May 2021 at 2:43PM
    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 case
  • oh_really
    oh_really Posts: 907 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    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.
  • montyrebel
    montyrebel Posts: 646 Forumite
    Part of the Furniture 500 Posts Name Dropper
    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 mordent
  • General_Grant
    General_Grant Posts: 5,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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
    Officially nightwork is defined as at least three hours of work taking place between the hours of 11 pm and 6 am.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.