Rank: Forum user 
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I've recently come across a situation where I've discovered that an Agency employee had worked a 12-hour nioght shift then stayed o until 4pm to cover someone off sick, and then was scheduled to work six 12-hour days shifts, followed by three 12-hour night shifts, consecutively.
In essence this chap is going to work around 144 hours with the only break being between the last of his day shifts and the first of his night shifts (so around 24 hours).
However I can't find any UK case law in which excessive hours has been a factor - has any one any idea of whether there is any such case law? I have asked our HR to help with this, but as usual with HR, their flash to bang time could be weeks...
The most worrying thing is that the Contract Manager doesn't see what the problem is, and says that it's keeping the client happy!
Thanks
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Rank: Super forum user
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Excessive hours of work can lead to tiredness.
"There was a fatal accident on the A10 between Cambridge and Ely between a lorry and a van. The lorry, load and van were all seized. Investigation of the timesheet of the van driver revealed he worked excessively long hours (more than 20 hours a day on occasions). It appears he fell asleep on the way home. The prosecution led to a £30k fine on the company and £24k costs – which led to the company verging on bankruptcy."
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Rank: Super forum user 
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Excessive hours such as you describe creates unacceptable risks for the person, his work colleagues and members of the public if he is driving a vehicle. you don't mention what type of work the individual is tasked with? this could have a significant bearing.
I'm not an expert in this area of the law, however there has been at least one case where a serious road accident occurred due to the employee working excessive hours resulting in the employer being prosecuted. Notwithstanding, there is a duty of care between the employer and employee which is clearly being breached in my opinion.
There is also a moral duty...but then we tend to forget about health and wellbeing all too often. I'm sure others will add their pennyworth.
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Rank: Forum user
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Hi, Look at the working time regulations those shifts are most probably in breach of that together with the obvious risk that he is high likely to have an accident due to fatigue.
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Rank: Super forum user 
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Working Time regs state 11 hours rest between shifts (To go home, eat, sleep and return to work)and 48 hours every fortnight, so according to the shifts, he is on about 10-11 days which would make it seemingly ok. I would query the night shift then covering sick, but it is dependant on the job. My partner was working these kinds of shifts when he was working privately on the behalf of hospitals doing security work and was told it was all above board. Personally I don't agree with it.
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Rank: Forum user
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The working time time regulations taken from the ACAS web pages.
They state :
•a limit of an average 48 hours a week on the hours a worker can be required to work, though individuals may choose to work longer by "opting out"
•5.6 weeks' paid leave a year
•11 consecutive hours' rest in any 24-hour period
•a 20-minute rest break if the working day is longer than six hours
•one day off each week
•a limit on the normal working hours of night workers to an average eight hours in any 24-hour period, and an entitlement for night workers to receive regular health assessments.
Opting out is where employees have a collective agreement with their employer and sign a document to state they have "opted out" of the working time regulations normally this is done through a union or works council.
I would be very suprised if this employee has signed an opt out agreement with his agency and I personally would start there with my enquiry. As his employer they have to take some responsibility for the excessive hours he is working and the risks that he poses not only to himself but others working with him. I certainly would not feel comfortable working alongside him.
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Rank: Super forum user
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I know a hospital that used an agency nurse for 5 successive nights of 12 hours, on a critical care cancer ward, finishing the last shift at 6am on day six morning and returning on that day to a day shift from 8.30am to 7.00pm the same day in charge of a chemotherapy day unit.
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Rank: Super forum user
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Rank: New forum user
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Rules on rest breaks fall under the Working Time Regulations 1998 and apply to most workers.
Workers aged 18 and over are entitled to:
• 11 hours uninterrupted rest per day
• 24 hours uninterrupted rest per week or 48 hours uninterrupted rest per fortnight; and
• a rest break of 20 minutes if their working day is more than six hours
Rest breaks are unpaid.
Workers aged under 18 and night workers are subject to different rules. Make sure staff do not work an average of more than 48 hours over a 7 day period, unless they have agreed in writing to 'opt-out' of this rule.
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Rank: Super forum user
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Employers must make sure that workers don’t work more than an average of 8 hours in a 24-hour period. Workers can’t opt out of this working limit. Employers must keep records of night workers’ working hours to prove they aren’t exceeding night working limits. Employers must keep the records for at least 2 years. Https://www.gov.uk/night...g-hours/hours-and-limits
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Rank: Forum user
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Have a look at the case reffered to in the following link http://businessdatabase....cution/UKTAHSAR_EU020101HSE bring first ever safety prosecution. Health & Safety Executive’s (HSE) successful prosecution of Pertemps Recruitment Partnership Ltd. It had been instructed by a client to find labour for a traffic management project that included spray painting the position of traffic signs onto the A6 at night. One of their temps ,B, was knocked over and killed whilst crossing the road to carry out this task. Whilst the contractors were prosecuted for failing to follow a safe system of work, the agency was prosecuted for not monitoring B’s long working hours. It was found guilty of four breaches of the WTR including failure to monitor the working hours of night workers. As a result, Pertemps was fined £30,000 plus £27,350 costs.
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Rank: Super forum user 
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I'd be seriously worried if your HR are not aware of WTD and are unresponsive.
People talk about opt out but this does not mean there are no time constraints.
The client will be less happy with your manager if they are aware the law is being broken.
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Rank: Super forum user
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Peter_OC wrote:Have a look at the case reffered to in the following link http://businessdatabase....cution/UKTAHSAR_EU020101HSE bring first ever safety prosecution. Health & Safety Executive’s (HSE) successful prosecution of Pertemps Recruitment Partnership Ltd. It had been instructed by a client to find labour for a traffic management project that included spray painting the position of traffic signs onto the A6 at night. One of their temps ,B, was knocked over and killed whilst crossing the road to carry out this task. Whilst the contractors were prosecuted for failing to follow a safe system of work, the agency was prosecuted for not monitoring B’s long working hours. It was found guilty of four breaches of the WTR including failure to monitor the working hours of night workers. As a result, Pertemps was fined £30,000 plus £27,350 costs. The shame is that organisations only get investigated and prosecuted following a tragic incident.
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Rank: Forum user
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I thought you could only opt out if there was no significant safety risk?
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Rank: Super forum user 
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For case law, try R vs Produce Connection 2006
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Rank: Super forum user
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