is working 12 hour nights shifts on 4 on 4 off legal?

clvrlad

Hi
I am under the impression that i need to average a maximum of 8 hours a shift over 13 weeks as a night worker.
The beginning of  September I was "pushed" into working 12 hours shifts 4 on 4 off.
Initially explained that i would struggle to accommodate the shift patterns they were suggesting,
went off for two weeks holiday came back to everyone else having changed jobs etc onto 12 hour shifts and i was given my 3rd consultation regarding it and basically told heres a job basically the same wage (fractionally higher) which I have managed to accommodate mostly i am late sometimes due to my other half being home late. (thankfully my child care provider was able to make adjustments at short notice)
i did ask during the initial consultation regarding the 12 hours shifts and the 8 hour maximum bur was told oh don't worry about it. its been implemented else where else where and its fine.
having a google and trying to find out more has been hard to isolate anything.
but I would like to hear someone else opinion/advice

Thank you in advance for any advice/guidance


Richard

elsien

 Four on four off averages out at less than 48 hours a week over the 17 week reference period which keeps it within the limits set out in the working time directive.

It’s not an eight hour maximum shift length, I’m not sure where you’ve heard that from? 

Hoenir

I think this is what you are referring too. 

Night workers must not work more than an average of 8 hours in a 24-hour period.

The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree - for example, by collective agreement.

Regular overtime is included in the average, but not occasional overtime.

Workers cannot opt out of the limit.

Also 

The night period is 11pm to 6am, unless the worker and employer agree a different night period.

If they do, it must be 7 hours long and include midnight to 5am. It must be agreed in writing.

clvrlad

Hoenir said:

I think this is what you are referring too. 

Night workers must not work more than an average of 8 hours in a 24-hour period.

The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree - for example, by collective agreement.

Regular overtime is included in the average, but not occasional overtime.

Workers cannot opt out of the limit.

Also 

The night period is 11pm to 6am, unless the worker and employer agree a different night period.

If they do, it must be 7 hours long and include midnight to 5am. It must be agreed in writing.

basically this
i cant find any loophole around not working more than 8 hours on average

Browntoa

Before I retired I always worked 12 hour shifts on that pattern , an element of overtime made up the 12 hours. This was for a large British company.

oldernonethewiser

Here is the relevant clause from the Working Time Regulations

https://www.legislation.gov.uk/uksi/1998/1833/regulation/6/made

Andy_L

Its an average of max 8 hours in a 24 hour period, not a maximum of 8 hours (unless your doing work that involves "Special hazards or mental or physical strain") . All those 4 days off bring it down to an average of 6 hours per 24 hour period (12hrs*4days/8days)

EnPointe

The question has been answered fully  and completely. 

As has been pointed out  4 on 4 off 12s  averages to around 40 hours a week ( often 40.25) 

And, due to the  fact you are are at work for less than half the days in a year on an 4 on 4 off pattern 12 hours night shifts  on this pattern do not fall foul of the  average of 8 hours in  24 hour period  rule  either

clvrlad

Andy_L said:

Its an average of max 8 hours in a 24 hour period, not a maximum of 8 hours (unless your doing work that involves "Special hazards or mental or physical strain") . All those 4 days off bring it down to an average of 6 hours per 24 hour period (12hrs*4days/8days)

 the average includes my days off,
thats the bit I was missing

magpies79

Hope so because that’s the shift I do hahaha