Working time regulations

[Mxg277]

I'm seeking some advice in regards to the working time regulations.

It is my understanding that the maximum working hours per week of 48 hours, includes hours worked as overtime.

My question relates to the minimum rest periods of 24 hours in a 7 period, or 48 hours in a 14 day period. An employer cannot make an employee work 14 days consecutively, but can an employer allow an employee to voluntarily work 14 days consecutively?

For example, if an employer asks for volunteers to work some overtime, and it results in one employee working 14 days consecutively, is that compliant with the working time regulations, or does the employer have a duty to make sure the employee has the 48 hour rest period in those 14 days?

[ULA]

A simple answer to your question is no an employer cannot allow an employee to voluntarily work 14 days consecutively.

An employee has the opportunity to opt out of the the 48 hour working week which is calculated as an average over a 17 week period. However it is not possible to opt out of the other obligations relating to rest breaks although there are exceptional cases where employees in specific types of work are instead entitled to compensatory rest.

[Mxg277]

Thanks for the reply!

To add a little bit more complexity to the question let me give a bit more information. The worker in question would be a shift worker, and the following is an example of a shift recently worked, which included overtime.

Shift started at 1800hrs on Sunday night and finished after working a 13th shift, finishing at 0600 hrs on the Saturday morning. Shifts were of various lengths throughout.

To me that means the worker will not have had the 48 hours of uninterrupted rest in a 14 day period (just 18 hours), as the next 14 day period would start at midnight

From what I have read, regulation 24 of the WTR allows this if compensatory rest is given, and it doesn't have to be straight away. Have I understood that correctly?

Would normal rostered rest days further into the shift pattern be enough for an employer to say that compensatory rest has been given? Or would additional time off shift have to be granted?

Thanks again!

[ULA]

The compensatory rest should be the same length and type (an ‘equivalent period’) as the missed break.

If the employer cannot find a way to provide compensatory rest, they must still comply with its WTR obligations where it safeguards workers’ health and safety. To this extent, employers should ensure they have checklists and processes in place to check on the wellbeing of their staff where demands have been such that rest breaks have not been taken.