Can an employee refuse to work?

[doom]

Hi,

 

At my workplace we have a bit in the contract that states the employer can make it's employees work on a certain number of Saturdays per year. Provided they notify the workforce by Thursday lunchtime, the workforce have to do overtime on Saturday. We also do shift patterns of 6am - 2pm, and 2pm - 10pm.

 

Due to the working time regulations, employees should take a break of 11hr between shifts yet employers encourage / allow employees who finish at 10pm Friday night to start at 6am Saturday (break of only 8hrs).

 

These employees who could potentially be still very tired are then driving around machinery and could cause accidents due to tiredness / overworking.

 

My question is, could other employees refuse to come into work if the employers continue to allow this dangerous practice to continue?

 

Another question for anyone who knows about working hours, are employees only entitled to an 11hr break or are they required to have it?

 

Many thanks

[jumpjet]

I have always thought that it was a reqirement,but don,t take my word for it!

 

As for employees refusing to come to work, I would say that yes they could if there is danger because of the firms working practices. I am assuming there is no union?.

 

To be sure, a phone call to the HSE should be able to clarify this and if you genuinely feel that there will be an accident caused by a tired workforce, it is your duty to report it.

 

Have you asked your employer about your fears or is he not approachable?

[doom]

It has been brought to the employers attention many times but they keep saying they will look into it and we hear nothing more...

[elche]

The Working Time Regulations provide you with the rights to:

 

• a limit of an average 48 hours a week on the hours you can be required to work, though you may choose to work longer
  
• 4.8 weeks' paid leave a year (5.6 weeks from 1 April 2009)
  
• 11 consecutive hours' rest in any 24-hour period
  
• a 20 minute rest break if your working day is longer than six hours
  
• one day off each week
  
• a limit on the normal working hours of night workers to an average eight hours in any 24-hour period, and an entitlement for night workers to receive regular health assessments.
  

The above from ACAS

 

BERR state that:

 

Employers must make sure that workers can take their rest. Adequate rest' means that workers have regular rest periods. These should be sufficiently long and continuous to ensure that fatigue or other irregular working patterns do not cause workers to injure themselves, fellow workers or others, and that they do not damage their health, either in the short term or in the longer term.

 

However, they go to state that:

 

In general, employers and workers can agree that the night work limits, rights to rest periods and rest breaks may be varied, with the workers receiving "compensatory rest" This must be recorded in a Workforce Agreement

 

To be valid, a workforce agreement must:

• be in writing;
  

 

• have been circulated in draft to all workers to whom it applies together with the guidance to assist their understanding of it;
  

 

• be signed before it comes into effect either; - by all the representatives of the members of the workforce or group of workers; or
  

- if there are 20 workers or fewer employed by a company, either by all representatives of a workforce or by a majority of the workforce;

• have effect for no more than five years.
  

The issue of compensatory rest if you agree to less than the stat minimum is complicated, too be honest I don't even know if the contract as you describe it would constitute a Workforce Agreement.

 

You need some specialist advice. As for enforcement, HSE inpsectors do not enforce the limits by any rigorous policing of employers. The HSE actually admits that it does not have the resources to do this, and will normally only look at employer's records after an accident happens.

 

If you cannot reach an agreement with your employer, and want to take the matter further, then your remedy is complaint to an ET within 3 months of the alleged denial of the right concerned.

Edited August 2, 2008 by elche286
correction

[jumpjet]

OK, then I would suggest the phone call to hse and see what they think. At least you can ask them to lodge your concerns.

[elche]

OK, then I would suggest the phone call to hse and see what they think. At least you can ask them to lodge your concerns.

 

Yeah certainly can't do any harm. The HSE may even be intrested if your employer has a poor accident record etc...

 

Any union?

[doom]

not a member of any union....

[elche]

Join one and then they might help?

 

Local CAB or Law Centre?

ACAS 08457-474747

Check any insurance policies you have for Legal Expense Cover

Edited August 2, 2008 by elche286
typo

[elche]

This article also gives more info re working time.

 

Employment law - Breaks and working time - 07/02/2006