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If you opt out of the EU WTD do the rest periods still apply ?


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Hi,

When my brother joined his company brother has signed an opt out statement to opt out of the WTD.

The company now has everyone is consultation over working hours, on call, core hours and rest periods.

Does opting out of the WTD mean that you opt out of the right to 11 hrs continuous rest etc, or do these opt outs only apply to the 48 hour average working week ?

 

My understanding is that it is only the 48 hour bit that you opt out of and the stuff covered by The Working Time Regulations 1998 still apply :

  • A rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
    A rest break when the day is longer than six hours
  • A minimum of one rest day per week


  • The statutory right to four weeks holiday


  • Night working must not average out at more than eight hours at a stretch


  • Workers will be entitled to a free health check-up before being employed on night work and at regular intervals thereafter


Can anyone clarify for me please ?

 

 

Thanks in advance.

 

M.

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If you opt-out of the 48 hour limit, the other provisions you stated do still apply.

Though, there are so many 'ifs and buts' if you read through the Act, that an employer can all but always get round them.

For example, if he is a 'shift worker' (what does that mean??), he could finish one shift at midnight, then due to a change of shift pattern be required to recommence work at, say, 6am.

The large print giveth, the small print taketh away.

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i opted out of the WTD.

my company operate a 24hr operation which means i work a three shift pattern. 0600-1400 1400-2200 2200-0600.

my pattern runs as follows.....7 days on 3 off, 7 days on 4 off. every 3rd weekend is a long weekend off ie friday saturday sunday monday.

overtime can include a 0600 start, and finish at 2200 and then start again at 0600 the next day, or indeed any comblnation of all three.

 

there is nothing that says we have to have an 11hr rest period between shifts.

as i understand, a 10hr rest period is what i opted out of.

 

working 7 days on may sound alien to a lot of people, but, if i was to suggest to the people i represent that we were going back to a 5 day pattern, they would slaughter me. if you think about it, people on a five day week would have to take 10 days leave for two weeks leave, whereas i take 7 days leave for 2 weeks leave.

 

sorry to rattle on.

 

hope this helps,

 

bartymuv.

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Workers cannot opt out of rest entitlements. Depending on the nature of the job, breaks can be moved, but the employer must give compensatory rest to make up for the time lost when you would otherwise have had a break.

 

The only way to opt out of rest entitlements is through a collective agreement, not by individual opt-out.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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sidewinder is of course absolutely right.

 

i should have said 'we' opted out as a whole section, not me as an individual.

 

on the other hand, we have opted out of having a meal break during a shift, and for that we get to leave an hour and a half early ie. 1230 instead of 1400. this suits us and of course the business.

there is a tea break incorporated in that period as well, 30 minutes.

 

we love it! lol.

 

bartymuv.

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sidewinder is of course absolutely right.

 

i should have said 'we' opted out as a whole section, not me as an individual.

 

on the other hand, we have opted out of having a meal break during a shift, and for that we get to leave an hour and a half early ie. 1230 instead of 1400. this suits us and of course the business.

there is a tea break incorporated in that period as well, 30 minutes.

 

we love it! lol.

 

bartymuv.

 

Collective agreements can sometimes work quite well, but the WTD is an absolute nightmare to administer as there are so many clauses and exceptions. My last job was with a mainly nigh time distribution operation and the introduction of WTD cause serious problems - not to mention loss in income - for some of the staff who had previously worked 7 days a week on straight through shifts from 10pm to 7am.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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i opted out of the WTD.

my company operate a 24hr operation which means i work a three shift pattern. 0600-1400 1400-2200 2200-0600.

my pattern runs as follows.....7 days on 3 off, 7 days on 4 off. every 3rd weekend is a long weekend off ie friday saturday sunday monday.

overtime can include a 0600 start, and finish at 2200 and then start again at 0600 the next day, or indeed any comblnation of all three.

 

there is nothing that says we have to have an 11hr rest period between shifts.

as i understand, a 10hr rest period is what i opted out of.

 

working 7 days on may sound alien to a lot of people, but, if i was to suggest to the people i represent that we were going back to a 5 day pattern, they would slaughter me. if you think about it, people on a five day week would have to take 10 days leave for two weeks leave, whereas i take 7 days leave for 2 weeks leave.

 

sorry to rattle on.

 

hope this helps,

 

bartymuv.

Hi,

Thanks for that. There is no shift work.

There are "core hours" 7am to 7pm and we are to arrange to cover these hours. Our problem lies in when we are on standby.

We understand "on standby" doesnt count towards the working hours. However, when we are called out the clock starts again.

Our quibble is over the 11hrs continuous rest period afterwards which they company they will allow us, but at " a time that is convenient to the business".

Which means you could be on standy at the weekend, be called out and work say 20 hours over the weekend, finishing say at midnight Sunday, but still be expected at work at 7am if you are covering the early part of the core hours................

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