We had a thread on this same topic less than 2 weeks ago - all the answers are there.

Frank Hallett

We have several night shift operatives that are basically here to earn as much as they can while the work is available and wish to work for more than the WTD average 8 hours.

Taken from GOV.UK -
Limits on night work also don’t apply:
"if a collective or workforce agreement excludes or changes the restriction on night work".

What does this mean in practice?

We experience "busy peak times" as the production for orders has to be met. Does this allow the WTD restrictions to be lifted?

Can anyone please advise as to how they apply the regulations in relation to the two questions posted above?

My apologies Paul

I would not attempt to put others off from providing their expertise and that was not my intention.

As I understand it, the simple answer is that in practice, when working between the hours that are designated as "night working" by the WTR, there is effectively no derogation and no "opt-out".

Frank Hallett

Paul, I'm doing this from home without the benefits of my HE resources, but from memory you can do a couple of things.

1. Use a collective or workforce agreement to extend the reference period to up to a year. This allows workers to work More than 8 hours so long as their AVERAGE night time hours over the year is less than 8
2. Use a collective or workforce agreement to change the hours referred as night time
3. There are also some exemptions for some types of employment.

None if the above generally applies to young workers

Hope that makes sense?

I had looked at the information on the GOV.UK website and other sources, but they still leave me with a few questions:

Occasional overtime - could this be a block of hours eg; worked over two months, if referenced over a workforce agreed 52 week period ?

It appears odd that retail is given as an exemption example when experiencing busy peak periods, but no mention is made of manufacturing, which experiences its own peak periods as orders must be met within a timeline.

No i am not looking for a cast iron opt out, just a way of working correctly within the regulations that continues to provide people with suitable employment and meets customer demands.

The health assessments are offered each year with little take up by operatives.

Thanks for the TUC link John.

It has helped me put across the H&S perspective.