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16-11-18, 04:41PM

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Author Topic: Rest period between shifts?  (Read 3860 times)

CeJay89

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Rest period between shifts?
« on: 13-10-17, 10:44PM »
What is the rest period between shifts supposed to be?
There is one instance with my contracted shifts where I finish work at 10pm, and started again at 5.30.

If the break is supposed to be longer who would get into trouble?

Equalizer87

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Re: Rest period between shifts?
« Reply #1 on: 14-10-17, 04:50AM »
By law it's 11 hours, however Tesdaw  says it's 8 hours because they negotiated it away.
"The only thing necessary for the triumph of evil is for good men to do nothing"

arlo

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Re: Rest period between shifts?
« Reply #2 on: 14-10-17, 06:54AM »
its 11 hours ...can be 8 if agreed with both parties

CeJay89

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Re: Rest period between shifts?
« Reply #3 on: 14-10-17, 07:42AM »
So my gap is only 7.5 hours. And it’s every week on contracted shifts, could the manager get into trouble?

FarmerFred

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Re: Rest period between shifts?
« Reply #4 on: 14-10-17, 08:00AM »
Here it is in officialdom... http://www.hse.gov.uk/contact/faqs/workingtime.htm

In theory by accepting the contract you could be deemed to have opted out, but the fact that the break is only 7.5 hours should invalidate that as it is unreasonable - especially as it's every week. Your manager is unlikely to get into trouble as potentially they could argue the "continuity of service" exemption, although they would be hard pushed to justify it was the only remedy available.

optout

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Re: Rest period between shifts?
« Reply #5 on: 14-10-17, 09:21PM »
@Farmer Fred :thumbup:

@Cejay89

How long have you worked for tesco (more than two years or less than two years)?

Do you like your manager?
« Last Edit: 14-10-17, 09:24PM by optout »
I AM NOT A REP, BUT......

CeJay89

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Re: Rest period between shifts?
« Reply #6 on: 15-10-17, 06:56PM »
More than 2 years and yes I like my manager haha!

forrestgimp

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Re: Rest period between shifts?
« Reply #7 on: 15-10-17, 07:01PM »
Tell them you are fed up with it in my experience they will try to help.

optout

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Re: Rest period between shifts?
« Reply #8 on: 15-10-17, 08:29PM »
Would you rather have 11 hrs between your shifts, or 8 hours between your shifts?

What outcome would you like?
I AM NOT A REP, BUT......

Ferguson 1999

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Re: Rest period between shifts?
« Reply #9 on: 21-10-17, 07:04PM »
You need to have at least 11-12 hours between each shift and you can do 13 days without a day off but you then need 24 hours rest before next shift

CeJay89

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Re: Rest period between shifts?
« Reply #10 on: 06-11-18, 04:29PM »
Sorry to drag up such an old post but it’s still on the topic so I’m assuming that’s ok?

So I am still on the same shifts where I finish at 22:00 and start again at 5:30. I originally had the evening shift on the day I start early but requested to swap as it interfered with a hobby I pursue on that particular day. (Sorry for being so vague, I don’t want to be identified!)

Clearly I didn’t think through my decision as now I’m stuck with these silly shifts. And now I’m at my wits end with it, I find it so draining, I don’t feel I can do it anymore, but my colleagues keep saying it was my own decision so I won’t be able to get out of it, but surely that doesn’t stop the fact that it isn’t legal? 

I’ve had many attempts at trying to swap either one of the shifts which have all failed and my manager knows I’m not happy.  Im now thinking about dropping the evening shift, but don’t know if I can just drop a shift for this reason, any thoughts?

lucgeo

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Re: Rest period between shifts?
« Reply #11 on: 06-11-18, 04:44PM »
Here's a thought, even at the lowest "agreed" rest hours it's still less than 8. I seem to recall that it was 8 hours but only if then it was followed by a rest period.

It's 11 hours between shifts, if your manager agreed less, was the legal bit discussed?? Speak to your rep, ask them to arrange meeting with you, them and said manager..explain to your manager that you are suffering extreme bouts of tiredness, and feel unsafe to perform your tasks at times, due to confusion from being overtired. If you drive to and from work, then this is a big concern. Get all your reasons for concern written down in the meeting and ask for a copy.
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bushido

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Re: Rest period between shifts?
« Reply #12 on: 07-11-18, 03:59PM »
Breaks between shifts are 11 hours. usdaw negotiated this away to 8 hours, HOWEVER, you are entitled to compensatory rest within 28 days when this occurs. (policies for people, working time policy)

This infers that this shouldn't be happening every week, otherwise when would you get this extra rest?

quote from the people policy:
Internal, Working Hours policy, Version 5.1, page 6 – October 2018
The legal minimum rest periods you are entitled to are:
? A minimum break of 20 minutes for every 6 hours
worked, (whilst this is the legal minimum, section 11
explains our company policy for minimum break
lengths).
? A minimum of 1 day off per week or 2 days off over a
two week period. Due to the nature of the role
dotcom drivers must have a minimum of 1 full day
rest per week.
? A minimum of 11 hours uninterrupted rest per day – we
have agreed with USDAW that this may be reduced to
a minimum of 8 hours per day in exceptional
circumstances where there is a business need and
only with the agreement of the colleague.
Compensatory rest must however be given within 4
weeks. Where a colleague works split shifts the 11
hour rest period (8 hours where reduced) must be
taken before a third shift is worked).
? Dotcom Drivers must have a minimum of 10 hours rest
between shifts. This cannot be reduced.
« Last Edit: 07-11-18, 04:03PM by bushido »
bushido  
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optout

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Re: Rest period between shifts?
« Reply #13 on: 08-11-18, 01:09AM »
'Only with the agreement of the colleague' . Is the most relevant take-away in this instance, I think.
I AM NOT A REP, BUT......

CeJay89

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Re: Rest period between shifts?
« Reply #14 on: 08-11-18, 01:37AM »
Just concerned that when I signed the contract for the shifts that it could be seen as me agreeing to it!

tumshie

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Re: Rest period between shifts?
« Reply #15 on: 08-11-18, 01:42AM »
When you fill in your availability window in a flexi contract, you're not saying you'll work all those hours without getting the right amount of rest.
After all, your availability could be 24/7 but that wouldn't mean you've agreed to work a 24 hour day.