Working time question

[markeymark]

Is there any rules on the length of shift that can be worked? We used to work 7.30am till 9.30pm with a 45 minute break(13.25hours) this was voluntary and we basically got an extra day off for it. Our work now have stopped this, we have asked to opt-out of the WTD, but they have refused us this option. But they allow our nightshift workers to opt out as they do around 72 hours a week. We have raised a staff grievance as these shifts have been worked for over 10 years without any problems and they allowed staff a greater deal of flexibility. But our management refuse to deviate from this and keep referring to their Staff Attendance Review, which basically states the maximum scheduled shift should not be more than 12 hours, it also states the maximum working week should not be any longer than 48 hours, apart from nightshift workers who work from Monday to Monday about 72 hours

 

I hope you can advise me please.

 

Kind Regards

[Atlas01]

My view would be this is a collective bargaining issue, you can only enforce the WTD when the employer wishes opt out not employees.

[steampowered]

What does your contract say about working hours?

[becky2585]

There are rules under the WTR in that there should be an 11 hour break between shifts. If your night workers are doing a 72 hour week that has potential to be unlawful as there are more strict rules - shifts cannot, when averaged over the reference period, exceed 8 hours. Of course if they work several 12 hour shifts then the employer can get round this by calculating over 7 days rather than the days actually worked... But if every shift is night work and they're working 72 hours it could well be unlawful.

 

A workforce agreement can agree various working time arrangements but I'm not convinced it would deprive an individual of the right to opt into the 48 hour week if they wished to do so as its a statutory right - but I'm not 100% sure on that.