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Rest between shifts

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  • Rest between shifts

    I work in a shop / Petrol Station in Northern Ireland.

    I work shifts with the rota changing every two weeks.

    The problem I have is that I'm regularly, sometimes twice a week, asked to work from 2.45pm - 11pm (Most nights I don't get out until 11.15pm) and then start the next morning at 5.45am.

    As you can imagine, by the time I get home, showered, make my lunch etc it's close to 1-2am before I get to bed, maybe another 30 minutes before I get to sleep, then up again at 5.00am for the next shift.

    I'm aware that 11 hours break between shifts is the norm and when I pointed this out to the shop's manager he contacted HR and they came back that it doesn't apply to me because of the 'needs of the business'.

    I asked what the needs of the business are and was simply quoted the opening hours, 6am - 11pm.

    There's easily 20 staff, some part-time, some full-time working in this place, they should have no problems creating a rota where this doesn't happen.

    The manager works one late shift a week, and big surprise he's off the following day.

    I asked him how he would feel if it was him and was told I couldn't use him as an example.

    Now when I first brought this to my manager's attention he was clearly unsure, and contacted HR... It turns out they too were unsure and apparently got legal advice this week saying I was an exception because of the 'needs of the business'.

    He also changed the start of a shift I'm doing tomorrow from 5.45 - 10am (I'm working until 11pm tonight) but when he heard from HR that I wasn't entitled to 11 hours rest, today he changed the start time back to 5.45am.

    He'd obviously been able to make other arrangements, seems a bit odd to change them back.

    Can someone please give me some advice on this as these people are really starting to annoy me.

    I know there are exceptions to the rules, Army etc but there cannot be any reason for this working in a shop.

    Also, what do I do tomorrow, do I take my 3 hours sleep and be in work for 5.45am?

    I appreciate all replies, thank you very much for taking the time to read this.
    Tags: None

  • #2
    Re: Rest between shifts

    The needs of the business don't wash. If the place were to open 24 hours, does that mean you would be expected to work 24?
    http://www.legislation.gov.uk/uksi/1...lation/10/made
    http://www.legislation.gov.uk/uksi/1.../contents/made

    Have a look at these, maybe they can help.

    Comment

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