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    Does my shift go against working time directive?

    For over a year I have been working 6pm-3.30am five days a week (half hour unpaid) so I am a classed as night shift worker. It says on the gov/acas website that night shift workers should not work more than 8 hours per 24 so does my shift go against this?

    Also there is forced overtime of up to one hour per day. If above is true could I use this to refuse overtime? Contract says reasonable overtime.

    Or is it just a case of they say jump and I jump?

    TIA

    21 Comments

    I've never heard of the 8 hr in 24 thing before, how does that work with nurses etc doing 12 hr nights?

    Best advice I can give is speak to your trade union rep. If you're not in a union get your colleagues together and join one.

    Looking at the .gov website there is more criteria to consider, e.g. it's an average over a number of weeks.

    The tone of your question suggests to me that you may not be happy in that work anyway, so maybe best to look elsewhere regardless to avoid a miserable time.

    No such thing as only allowed to work 8 hours in 24hrs......it is that you should have 8 hours gap between shifts

    Original Poster

    Dyslexic_Dog

    I've never heard of the 8 hr in 24 thing before, how does that work with … I've never heard of the 8 hr in 24 thing before, how does that work with nurses etc doing 12 hr nights?



    Sorry I dont know. But it says on the gov/acas website that ' Night workers should not work more than an average of 8 hours in 24-hour period'.

    Original Poster

    Stevielar

    Best advice I can give is speak to your trade union rep. If you're not in … Best advice I can give is speak to your trade union rep. If you're not in a union get your colleagues together and join one.



    Yes you're right. I know it's only £10/month but it feels wasted even though it provides 'protection'.

    Original Poster

    SuffolkLad222

    Looking at the .gov website there is more criteria to consider, e.g. it's … Looking at the .gov website there is more criteria to consider, e.g. it's an average over a number of weeks.



    I know it's an average but I do 45 hours minimum week in week out. Yes I am looking for another job but in general don't mind this job for now apart from the forced overtime.

    Original Poster

    Daftfool666

    Gov website hereIs this of use?



    This is where I got the above info and also acas.

    whoMODStheMODS

    Sorry I dont know. But it says on the gov/acas website that ' Night … Sorry I dont know. But it says on the gov/acas website that ' Night workers should not work more than an average of 8 hours in 24-hour period'.



    ​Maybe as it's shift work they average your 45hrs worked over a 7 day period, making it an average of about 6.5 hours a day?

    alyharry

    No such thing as only allowed to work 8 hours in 24hrs......it is that … No such thing as only allowed to work 8 hours in 24hrs......it is that you should have 8 hours gap between shifts



    Its a minimum 11hr consecutive rest period in 24hrs.
    Max 48rs worked per week averaged over 17 week period.

    12 hour nightshifts are fairly normal.

    Acas provides guidlines, not legal directives or laws.

    The 8hrs in 24hr period is probably a guidline and averaged. It is probably also meaning time when you are physically working and not on standby.

    Looking at the .gov link it is averaged over 17 weeks and can be up to 52.




    Edited by: "callum84" 25th Nov 2016

    Original Poster

    alyharry

    No such thing as only allowed to work 8 hours in 24hrs......it is that … No such thing as only allowed to work 8 hours in 24hrs......it is that you should have 8 hours gap between shifts



    I had not heard of it till I read this on gov and acas websites. And it says 11 hours between shifts.

    yep 11 hour rest period between shift.

    Dyslexic_Dog

    ​Maybe as it's shift work they average your 45hrs worked over a 7 day p … ​Maybe as it's shift work they average your 45hrs worked over a 7 day period, making it an average of about 6.5 hours a day?


    That sounds about right

    Original Poster

    Didn't think of that. However, not long ago I had aggrievances meeting the area manager for a separate problem and when this was discussed he worked out that at the moment in time I did 1.8 hours average more per week over last 17 weeks over 5 days that I worked which was definitely worked over five days and not 7.

    Dyslexic_Dog

    ​Maybe as it's shift work they average your 45hrs worked over a 7 day p … ​Maybe as it's shift work they average your 45hrs worked over a 7 day period, making it an average of about 6.5 hours a day?


    whoMODStheMODS

    Didn't think of that. However, not long ago I had aggrievances meeting … Didn't think of that. However, not long ago I had aggrievances meeting the area manager for a separate problem and when this was discussed he worked out that at the moment in time I did 1.8 hours average more per week over last 17 weeks over 5 days that I worked which was definitely worked over five days and not 7.


    From what youve said, your hours are fairly normal and not breaking any rules.

    The forced overtime is open to interpretation.

    Companies are not allowed to have catch all statements like "reasonable amount", it should be specific, as whats reasonable?

    Heres where it gets difficult, at the end of the day your employer can enforce whatever they want. The only time it will be scrutinised is if you are dismissed and take to tribunual.

    Some times its better to not upset things and just get on with it.





    Give ACAS a call.

    They have a helpline and are usually pretty helpfull clarifying stuff like this.

    as most night shifts are 12 hours yours isn't bad. I used to do 7 days of nights followed by 6 days off followed by mixed days and nights with a 12 or 36 hour gap on a cycle. as that was the dss I'm sure it was legal. yours certainly is.

    my only problem was riding the bike.

    your only a night worker if you work between 1am-4am. you have to work the hole of those 3 hrs. as you finish at 0330 it does not count

    Banned

    Ring ACAS & they will tell you the score

    My OH works 3am to midday with an hours break unpaid in the middle where he's left just sitting around. This is 5 nights a week. He hates getting up at 1.30am for work and I bet he'd love to do your hours. They don't sound too bad to me or unreasonable.

    Original Poster

    Thanks all.
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