Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
stonecold  
#1 Posted : 29 March 2016 09:41:15(UTC)
Rank: Super forum user
stonecold

I know an employee can opt out of the 48 hour maximum working week as per the working time directive. Can an employee also opt out of the following WTD requirement in regard to rest time between shifts? Requirement - For employees who are over 18, the minimum requirement for rest in between working days is 11 consecutive hours.
SensibleSafety  
#2 Posted : 29 March 2016 09:54:25(UTC)
Rank: Forum user
SensibleSafety

Interested in this one myself. It's my understanding that a workplace agreement can be entered in relation to rest periods but that compensatory rest periods can be claimed and should be granted as soon as possible. Have a read at the below.
Quote:
26.11 The other way in which the rest break provisions may be excluded or modified are where a Workforce Agreement (WA) has been entered into. This is set out in more detail below. 26.12 It is possible for you to contractually agree with your employees that they will provide cover and that this will not be a breach of the rest provisions of the WTR (see paragraph 26.18 below for reference to a sample WA). Remuneration is a separate issue and the relevant provisions as to minimum wages would have to be considered. This supporting guidance sets out how a WA may assist in ensuring appropriate cover is provided. Compensatory rest 26.13 It is important to note that where the rest provisions have been excluded by means of a WA, the worker is entitled to claim what is called a compensatory rest break, which is an equivalent period of compensatory rest or, in exceptional cases in which it is not possible, for objective reasons, to grant such a period of rest, it is necessary to provide appropriate protection to safeguard the worker’s health and safety. 26.14 The WTR do not state that the compensatory rest must follow on as soon as it may be physically possible. For example, if a worker is called out during the night, it does not follow that the worker may come into work later the next day where the needs of the business require cover. The compensatory rest may be given at a time to suit the employer’s needs, but consideration must be given to providing such compensatory rest and, if it is not provided, there is likely to be a breach of the WTR. The sooner the compensatory rest can be provided after the work has been carried out, the better, as this will meet any arguments as to whether the WTR have been complied with.
bob youel  
#3 Posted : 30 March 2016 10:05:25(UTC)
Rank: Super forum user
bob youel

Opt-out systems of work do not release an employer or employee from H&S law duties and liabilities so apart from H&S areas that U need to comment on to your management this is a HR problem so give that side of things to them Self employment, which is not a HR area, is making things much harder for employees noting that more & more people are being pushed down this route and working hours, for less £££ in most cases, are in fact increasing* in most situations as people are desperate so they just get on with it whatever the risk [*I get my info from the Citizens Advice people]
piobaire  
#4 Posted : 30 March 2016 14:32:36(UTC)
Rank: Forum user
piobaire

My understanding is that the opt out from the Working Time Regulations is applicable to the 48 hour maximum working week only and all other provisions of the Working Time Regulations must be adhered to. Hope this is useful.
stonecold  
#5 Posted : 30 March 2016 14:47:46(UTC)
Rank: Super forum user
stonecold

Thats great thanks
Scrumpyman  
#6 Posted : 04 April 2016 15:36:38(UTC)
Rank: Forum user
Scrumpyman

I've been asked this question quite a few times as a former Trade Union Shop Steward, (Yes I know Poacher turned Gamekeeper). The 48 WTD is possible to opt out of but the rest periods are not. There MUST be an 11 hour rest period between shifts etc.
johnmurray  
#7 Posted : 04 April 2016 19:38:29(UTC)
Rank: Super forum user
johnmurray

stonecold wrote:
I know an employee can opt out of the 48 hour maximum working week as per the working time directive. Can an employee also opt out of the following WTD requirement in regard to rest time between shifts? Requirement - For employees who are over 18, the minimum requirement for rest in between working days is 11 consecutive hours.
No. The period between shifts must be at least 11 hours. The " compensatory rest period" applies to working through what should be a rest break/meal break. Self employed workers have no entitlements under the working time directive. Although it should be noted that this applies to "genuinely self employed".
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.