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Working Time Directive - working and volunteering in the same place
Rank: New forum user
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Does anyone know of any case law that would cover working a thirteen hour nightshift and then going on to volunteer at the same place as they work but in a different area (both being at the same charity). The nightshift is paid and normally they would get 4/5 hours sleep but not always guaranteed. The WTD does not cover volunteer work and is something I know you cannot control once they leave their place of work. For me, I would say that we have a moral obligation to ensure they received their prescribed rest after work. Question - How would we stand if they became ill or had an accident while volunteering after completing a thirteen hour nightshift?
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Rank: Super forum user
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Hi Sandy, no I don't in answer to your question, but surely the WTD is a bit of red-herring here? If there are significant risks posed because your volunteer is too tired after a 13 hour paid shift, surely you can just do a simple risk assessment and ask them to go home? I work for a major Charity, and we really are starting to get quite serious about putting rules in place for volunteering, it's all very well (in fact it's brilliant) for people to give their time and energy for free, but not if it puts beneficiaries at risk,
John
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Rank: Guest
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Dont worry its not enforced unlike speeding or shoplifting.
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Rank: Super forum user
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Rank: Super forum user
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Rank: New forum user
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Thank you John and everyone else who has responded. An excellent idea to carryout a risk assessment as this could show that you have considered the risk and the possible outcome. There might be an argument as to when work finishes and volunteering starts as they are still under the same roof. I have read the WTD from cover to cover and even asked the HSE through DWP for clarification on the 48 hour rule and night workers. No opt out for them - but that depends on who you work for, self employed, government services, carers etc.
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Rank: New forum user
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bjc wrote:Dont worry its not enforced unlike speeding or shoplifting. Apart from protecting the Charity from the harm it could do even if there was no prosecution, I am also concerned for the employee's well being.
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Rank: Super forum user
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At the end of the day, and maybe the start....you should be looking not at the volunteer time, but at the employee (who is also a volunteer) time. And whether the extra time he/she spends working makes their contract time less safe. http://www.volunteering....rvices/533-euworkingtimeIt would be interesting to see the stated work hours in the employee terms and conditions of employment.
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Rank: New forum user
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JohnMurray wrote:At the end of the day, and maybe the start....you should be looking not at the volunteer time, but at the employee (who is also a volunteer) time. And whether the extra time he/she spends working makes their contract time less safe. http://www.volunteering....rvices/533-euworkingtimeIt would be interesting to see the stated work hours in the employee terms and conditions of employment. Excellent advice John and thank you for the link. I now have a clearer picture of where I can take this and review and update our employee contracts, risk assessments and policies.
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Working Time Directive - working and volunteering in the same place
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