Work Break, days-nights

[HoracePinker]

Hi all,

Twice a month on a Thursday I have to work a shift during the day then at 5pm I have to go out again and do a late/night shift (finish approx 2am. The day shift starts approx 7am until anything upto 5pm)

All I want to know is how long am I entitled to between the two shifts. I have been summoned to the office for a discussion after telling the manager it was "taking the ****" after they gave me extra work to do during the day.

 

Many thanks in advance.

[Ell-enn]

You are entitled to 11 hours between shifts i.e. if you finish work at 8pm you should not start work until 7.00 am the next day.

 

If you are saying that you start work one day at 5pm then go on to do a further shift at 5pm until 2 am then you are definitely not getting appropriate rest between shifts. Do you get any other time off for doing that extra shift ?

 

What does it say in your contract regarding working hours ?

[mapadale]

You are entitled to 11 hours between shifts i.e. if you finish work at 8pm you should not start work until 7.00 am the next day.

 

If you are saying that you start work one day at 5pm then go on to do a further shift at 5pm until 2 am then you are definitely not getting appropriate rest between shifts. Do you get any other time off for doing that extra shift ?

 

What does it say in your contract regarding working hours ?

This will better explain the working time directive - http://www.acas.org.uk/index.aspx?articleid=1373

[HoracePinker]

My working hours are not fixed but as a example I may start work at 7am and work until 2pm

Then go home and 3hours later I will go out again and finish approx 1-2am. I will then get the Friday off as I worked my Friday hours the previous evening/night.

 

What's happening is they are giving me more work to do during the day so I am not finishing until later giving hardly any time between shifts. On more than one occasion I didn't finish until 5 so ended up working from 7am until 2am, a 19hr shift. And basically I have had enough of it.

 

I don't know about contract wise as I'm not even sure I have a signed contract. (terrible memory) Can I ask to see my personally file and do they have to let me see it straight away or do I need to give them notice of wanting to see it?

[mapadale]

The company should have provided you with a contract within 8 weeks of commencing your employment, if they haven't it's goes against ACAS regulations.

 

You will have signed a temporary contract know as "Terms & conditions of Employment", before your full contract was sent out. You can request a copy of your full contract from them though and they have to comply with that request.

 

In general the Working Time Regulations provide rights to:

 

a limit of an average 48 hours a week on the hours a worker can be required to work, though individuals may choose to work longer by "opting out"

5.6 weeks' paid leave a year

11 consecutive hours' rest in any 24-hour period

a 20-minute rest break if the 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.

 

If you are working a shift of more than 13 hours in any 24 hour period, then your employer is effectively not taking any notice of the working time directive unless stipulated in your contract that they can ask you to work over these hours (They are required to provide you with a notice that you sign, to say you agree to work over).

[HoracePinker]

Thanks that is great I'm sure that will be a big help.