Rank: Forum user
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In our particular organisation there are infrequent occasions that involve an operation that could result in several of our employees working as a team, around for example 15 -18 hours at a stretch - they could be called out as part of a team at 10 am (taken away from normal job) and not finish until say midnight or later. These are one-off operations and I would like to know your thoughts on what would be a reasonable break prior to that employee coming into work following day. Not talking about shift-work or working time directive but "one off" operations off-site. Has anyone any examples of case or statute law in this type of situation where employees have then been told to come in at normal time without a reasonable rest/sleep? i.e. failure to discharge duty of care. Hopefully have tried to make the scenario/situation clear and I would envisage having to put clear guidelines in our company policy on this.
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Rank: Super forum user
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On the statute law front I would suggest that you look in the direction of the working time regulations, which deals with the entitlements to breaks etc. The regs do provide some exemptions for 'one off' or exceptional circumstances and compensatory rest, although I don't think that these apply to young workers.
As far as case law goes, you might want to have a look at the Produce Connection case which may be of some help.
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Rank: Super forum user
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Dave - I believe the WTD states a clear 11 hour break before coming in to work, but that relates to shift work - it may or not relate to your situation.
So many ponderables - extent of physic labour involved, not getting slept because family are up at their normal time but someone just home from work, working into a Saturday etc.
In a previous life, if we started at 6 in the morning and finished at midnight, we got the whole of the next day off with pay. If we finished at say 10pm - 16 hour shift, we got the 11 hour break as per WTD
Hope this helps
David
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Rank: Forum user
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Phil - Many thanks, the Produce Connection case is perfect to back up my viewpoint. Thanks also David for your comments, we do have shift workers and apply the working time regs rigorously, it is just these one-off situations where I think common-sense by the company should prevail.
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Rank: Guest
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Dave
If you want to ensure legal compliance, you need to apply relevant scientific evidence.
In this instance, this involved relevant physiological scientific measures of circadian rhythms which of their nature vary to some degree amongst employees, depending on age, weight, gender, fitness and other factors; it also involves gathering data on stress levels of the employees involved, at least afterwards.
The HSE guidance on fatigue offers an appropriate introduction.
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Rank: Forum user
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Thanks Kieren Just trying to ascertain what would be considered a "reasonable" rest/sleep break following a long period of activity on these "one off" operations off-site. You see at the moment there is no laid down policy or guidance and it's really a case of come in at 9 or 11 if they have say completed the job at 3 am and some of the guys say "oh! but I'd just rather stay at work and go home at lunchtime as I function better" etc etc; or "by the time I get home it's not worth......" etc etc so just trying to get clear consistency in our policy/procedures rather than the current free for all, and trying to get background facts and evidence together to back up when I present my recommendations. Dave
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