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Latte
12-01-2007, 06:27 PM
Hi All,

Can someone point me in the right direction with a link about breaks between shifts. I assume there is something on the HSE website but hopefully someone has looked into it before.
As far as i am aware you must have 6.5 hours minimum break between shifts/days but would like to get it officially in writing. I am sure there is probably something within the WTD but no one's signed up for that yet

Regards

Fatboy

Brian_UK
12-01-2007, 11:42 PM
I believe that you have to have a break after a maximum of 6 hours.

The gap between work days seems to be 11 hours according to:-
http://www.direct.gov.uk/Employment/Employees/WorkingHoursAndTimeOff/WorkingHoursAndTimeOffArticles/fs/en?CONTENT_ID=10029451&chk=pR1H4%2B

Enjoy the read. ;)

Latte
13-01-2007, 12:02 AM
Hi Brian,

Thats the figure i keep coming up with :eek:

Cant find nothing on the HSE website but both business link and DTI say that. There must be some clause in there somewhere otherwise we would only be doing half the hours we normally do in the summer :rolleyes:

Most companies that i know of give you 8 hours down time but i have never seen anything in writing hence the post

Regards

Fatboy

Brian_UK
13-01-2007, 12:11 AM
Yes, I always get the feeling that workers seem to sort something out with 'the boss' to cover the late night call out scenario.

I always hear different answers though.

Latte
13-01-2007, 12:18 AM
Its probably something that Mark and the Supermarket guys get more than the rest of us, although the industrial guys get a few middle of the night calls.

Obviously heard a lot about the WTD (If it ever comes in) about maximum hours but never get any info on break times apart from you must have 30mins break shown on youre timesheet in an 8 hours shift

Regards

fatboy

Brian_UK
13-01-2007, 12:21 AM
That 30mins is only so that the firm can 'prove' to someone, somewhere that you have had an official break; they don't care if you have one or not, just write it down.

Paulajayne
13-01-2007, 09:47 AM
Article dated 8th Sept 2006
-------------------

British workers will no longer be able to work more than six hours without a break, after the government yesterday lost a battle over working hours in the European Court of Justice.

The court told the government that it was breaking the law by not forcing employers to make sure their staff took rest breaks between shifts. The decision followed a case brought against Britain by the European Commission, which had accused the government of breaching Europe's working time directive, which limits the working week to a maximum of 48 hours.

Britain has an exemption that allows individuals to opt out of this maximum, but shift break rules still applied.

Britain is obliged to apply daily and weekly rest break rules, allowing for at least 11 hours between ending work one day and beginning the next, plus a weekend break of at least one day plus 11 hours.

Guidelines from the Department of Trade and Industry advise employers that they must ensure workers "can" take their rest, but do not force bosses to make sure employees took such breaks.

The court agreed with the commission that the government was encouraging "non-compliance" of these rules and that the existing guidelines were "meaningless".

In its ruling it said: "The (DTI) guidelines are liable to render the right of workers to daily and weekly rest periods meaningless because they do not oblige employers to ensure that workers actually take the minimum rest period, contrary to the aims of the working time directive."

What the ruling means in practice is that employers will have to ensure staff take off at least 11 hours between working days, and have a minimum of one day off a week, as well as a 20-minute rest after every six hours of work.

Business groups have in the past argued that such a regime would mean workers being would be unable to choose to work long hours to earn more money because they would be forced to take breaks against their will.

Brussels has argued the decision simply brings Britain into line with the rest of Europe.

The ruling is being seen as a significant victory for the European Commission, where Britain's opt-out of the working time directive remains an irritation, particularly for countries such as France and Germany, which worry Britain is getting an unfair competitive advantage.

The commission said of the ruling: "We need to have these rights or that would put us back into the 19th century."

It was also welcomed by unions. Brendan Barber, general secretary of the TUC, said: "Employers will now have to do their utmost to ensure their staff get the breaks they are entitled to. The government must now change its guidance on rest breaks to ensure that workers know their rights and can benefit from them, and that employers know their responsibilities and meet them fully."



HTH

Paula

Abe
13-01-2007, 10:01 AM
Working Time Regulations

The Working Time Regulations came into force on the 1st October 1998. It is a law made to implement a Directive made by the European Union and applies to employment law in the UK.

The law applies to full-time, part-time, agency and casual workers from the day they begin work.


Basic Rights
The basic rights under the Working Time Regulations are as follows:

# Limit of an average of 48 hours per week which a worker may be required to work, however they can opt-out of this limit and work more if they want to.

# Limit of an average 8 hours work every 24 hours for night workers.

# Free health assessments for night workers.

# 11 hours rest in every 24 hours.

# A minimum of one day off per week.

# Rest break during working hours if the working day is longer than 6 hours.

# A minimum of 4 weeks paid leave per year.


Extended Provisions

From 1st August 2003 rights under the Working Time Regulations have been extended to the following, (previously excluded) workers:

# Non mobile workers in road, sea, inland waterways and lake transport.

# Workers in the railway and offshore oil and gas sectors.

# Workers in the aviation industry, not covered by Aviation Directive.

However, these new regulations still do not cover some workers within the groups above and seafishermen.


Managers

It also does not cover workers whose time is unmeasured, because they can choose when to work, eg. managing executives within a company.


More Detail

Employees need not work more than 48 hours per week averaged over a 17 week period (unless they choose to).

They will be entitled to a minimum of 4 weeks paid holiday per year.

Workers 18 and over have a right to a 20 minute break where the working day is longer than six hours, in addition a rest period of 11 consecutive hours between each working day, (unless working on a shift pattern) and a 24 hour rest period in each 7 days.

For night-workers the average daily hours of work are 8, averaged over a 17 week period. Night-workers will be entitled to free regular health assessments to ensure they are fit for night work.

Different rules apply to workers over 16, but under 18. For example, if they work from 10 pm to 6am workers are entitled to health assessments.

They are entitled to 48 hours rest in each 7 day period worked and a 30 minute break if they have worked more than 4.5 hours in any day.

If an employee is selected for redundancy or is dismissed for taking their entitled break period or paid holidays this could amount to Unfair Dismissal.

An employer and employee can enter into an individual written agreement to exclude the 48 hour entitlement and the worker will be entitled to bring the agreement to an end without the employer's consent.

However, collective or workforce agreements cannot modify or exclude the 48 hours entitlement, but can extend the period over which the hours are averaged. (A collective or workforce agreement can modify or exclude the 48 hours entitlement in the case of night workers.)

It is not possible to contract out of the other provisions of the Working Time Regulations.

Pooh
19-01-2007, 01:24 AM
Guys
Have worked under the WTD and it is 11 uninterupted rest hours, if you want to be awkward and your company calls you within that 11 hours the clock resets and you start again, that really winds them up.