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how many hours rest?


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Hi guys,

 

I don't know whether I'm having a off day but I'm trying to understand this rules on the government website without success

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

 

Basically I'm a shift worker, I work 10am till 10pm Mon to Thurs. I work in random places up to 2 hours drive from home. During these working times I'm entitled to 1 hour lunch. Also I do not get paid from 10am till 11am and from 9pm till 10pm, the company expect me to give them a free travel/grace time.

 

My question is, how many hours rest am I entitled to before I start work again? And am I entitled to 90 hours off because I work a shift hours stated above? Am i entitled to 11hours rest or does it come under compensatory rest of 90 hours at the end of the week? I just can't make head nor tail of the gov link above.

 

Appreciate your help.

 

Thanks

Edited by J4g3d
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you are doing a 12 hour shift, you have 12 hours off between shifts, and you have more than a 20 minute break in your day. You have one 24 hour break between shifts in a week.

 

All looks ok to me.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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you are doing a 12 hour shift, you have 12 hours off between shifts, and you have more than a 20 minute break in your day. You have one 24 hour break between shifts in a week.

 

All looks ok to me.

Sorry I did not make it clear. Scenario..... I get home 11.30pm. Do I go back to work 10am as normal or 10.30am or 11.30pm?

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The law says that you must have at least 11 hours between shifts. Travelling time is not classed as 'working' time so your actual working hours are 10am-10pm, so you have 12 hours before you need to be back at work. In a shift of six hours or more you are entitled to at least a 20 minute unpaid break, so in having an hour, that is also covered.

 

Sadly, the fact that you leave at 9am and get home at 11pm is outside of the scope of the WTR. Naturally if you had to travel further than is 'normal' for the job then the employer should make allowance for that. For example, my normal start time is 9am but I may have a two or even three hour journey to work depending where I am that day. If I have a meeting which involves an earlier start, then the company allow me to book into a hotel - for H&S reasons rather than WTR but the same principle applies.

 

In your scenario, if you were 'usually' arriving home at 11pm, but a lengthy contract at a site regularly involved you being home much later than this then the employer would have to look at the working day. The contract would affect your 'normal' place of work (or travelling time at least) and much of the WTR involves averaging working hours. You may not work more than a 48 hour week when assessed as an average over a rolling 17 week period. You must have at least 24 hours uninterrupted break every week, but this can be aggregated over a two week period.

 

I agree - it is not a straightforward piece of legislation, but it would seem from what you have said that you are within the rules.

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