Posted By Catman Hi Keith It is legal to vary the 11 hour rest period if it is acheived by collective agreement of a majority of the workforce, in writing. See the DTI website for details. ....and remember to look at the increased fatigue risk in your risk assessments!! Cheers TW

Posted By Catman My apologies Keith, I think Andy is right. The DTI website notes that other factors can be varied by collective agreement but does not specifically mention daily rest, see below, 1 Agreements In general, employers and workers can agree that the night work limits, rights to rest periods and rest breaks may be varied, with the workers receiving "compensatory rest" (see below). They may also agree to extend the reference period for the working time limits up to 52 weeks. These agreements can be made by ‘collective agreement’ (between the employer and an independent trade union) or a ‘workforce agreement’. If a worker has any part of their conditions determined by a collective agreement they can not be subject to a workforce agreement. A workforce agreement is made with elected representatives of the workforce in most cases (see below). A workforce agreement can apply to the whole workforce or to a group of workers. To be valid, a workforce agreement must: be in writing; have been circulated in draft to all workers to whom it applies together with the guidance to assist their understanding of it; be signed before it comes into effect either; - by all the representatives of the members of the workforce or group of workers; or Cheers TW

Posted By Andy Brazier Actually now I think I am wrong (sorry TW). It is possible to have a collective agreement to vary regulation 10(1), which I think is the appropriate one. But this is not the same as an opt-out, so I would interpret this to mean that there would have to be a good reason to do it. Given the HSE's comments regarding shift greater than 12 hours, I would question whether a longer shift and shorter break would be acceptable.

Posted By Bill Parkinson It will be interesting to see if any of the challenges currently being sought succeed as they will restrict such working patterns like the one posted at the start of the thread (there is a challenge to the global "opt out" clauses in contracts of employment). Also the challenge by the EC on the DTI's guidance that Employers are not required to enforce rest breaks. The EC have challenged this as the EC directive requires rest breaks to be taken. If the UK government lose the case then a lot of working patterns will have to be modified.

Posted By John Murgatroyd The working patterns will have to be modified then: http://www.timesonline.c...0,,30589-2370723,00.html I would have posted the decision directly, but copyright is probably held by someone, somwhere. So cut-and-paste.

Posted By John Murgatroyd "Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply." It means if they change shift.....ie: end night shift and start on day shift, they may have to start one without getting the 11 hour rest after nights. It doesn't seem that complicated. Like most things euro, if the BRITISH gov stopped trying to get-out of things it would get a whole lot simpler. They still think that wages can be brought down to a level where work will flood back from China....like, who's going to work a 60+ hour shift for 25 quid a week ?