Advice required: Working/rest regulations.

[wessexen]

I wonder if anyone can answer this for me. As you all know, I've been employed in non-safety critical work (IIRC). Fair enough, I was for one week suppose to do 5 hours a day over 2 shifts (one 06:30 to 08:30 and one 16:30 to 19:30) which I personally don't mind and happy to do it as it doesn't affect my other jobs and for the record, I still do under the 48 hour limits as well, by at least 15 hours.

My new rota was suppose to be in effect from today, but I had a call saying that someone wasn't happy about it. So looking on line, I wanted to have an answer to see if I am doing something wrong or is something else wrong, etc. I've specifically asked for more hours as it is anyway (as I love working on the railways.) So, thoughts and advice would be great. RMT says something different about split shifts than what I am told as it is anyway, which is even more confusing (considering the low hours as well.)

 

[CatfordCat]

I wonder if anyone can answer this for me. As you all know, I've been employed in non-safety critical work (IIRC). Fair enough, I was for one week suppose to do 5 hours a day over 2 shifts (one 06:30 to 08:30 and one 16:30 to 19:30) which I personally don't mind and happy to do it as it doesn't affect my other jobs and for the record, I still do under the 48 hour limits as well, by at least 15 hours.

My new rota was suppose to be in effect from today, but I had a call saying that someone wasn't happy about it. So looking on line, I wanted to have an answer to see if I am doing something wrong or is something else wrong, etc. I've specifically asked for more hours as it is anyway (as I love working on the railways.) So, thoughts and advice would be great. RMT says something different about split shifts than what I am told as it is anyway, which is even more confusing (considering the low hours as well.)

subject to the disclaimer that i'm not a lawyer, HR person, expert on railway T&C / regulations or a current trade union rep...

This page (from ACAS) has a summary of the law in terms of working hours, and it includes a right to 11 hours' break between duties of work, and what you're describing appears to fit that.

If one of your other jobs is during the evening, that would probably put you in breach of the 11 hour break rule. I'm not entirely clear whether that is something you can legally opt out of (and if you can, whether you have to tell all employers concerned or what)

There may be regulations specific to railway work that I'm not aware of.

However, it's quite possible that there may be an existing agreement at your workplace / for your grade / with your employer that is more restrictive on hours than the legal minimum standard, or that involves some sort of limit on split shifts or additional payment for them or something.

Generally speaking, an employment contract (and that could include any written policies / local agreements / 'established custom and practice' as well as the basic contract document) can give you something that's better than the legal minimum, but it can't give you less than your legal rights (the most obvious example being that an employer can pay you more than the legal minimum wage but not less.)

All I can suggest is asking your union rep / supervisor what the problem is.

 

[richw]

The Working Times Directive, requires a minimum of 11 hours continuous rest period in each 24 hour period. The shifts you quote are compliant with this.

I used to do scheduling at a company where the employees were all on shift work, so I was required on occasions to push the Working Time Directive to its boundaries, although I tried to avoid it, It was essential for the business on some occasions.

 

[Greenback]

Regardless of the WTD, when I was employed by FGW, the company rule was that everyone had to observe the 12 hour break between shifts rule, regardles sof whether they were safetyy critical or not. I breached this myself on one occasion and was criticised by both management and the union rep.

wessexen, I suggest you try and clarify with whoever employs you what their regulations and policies are in regard to only an 11 hour break between 1930 and 0630.