Work treat me poorly - ridiculous hours. advice needed.

[Mcfckyle]

Hi,

I work in the Security industry, as a lone worker on night shifts, my usual shifts are 14 and 12 hours always nights.

My first question is, is it against my human rights to be asked to sit in a cabin with no heating, running water, no lights and no electric? as this has happened on numerous occasions where a generator has cut out completely and no one was wiling to come out and fix it until morning, my company basically said get over it and sit in your car and use the heaters.

Secondly, the hours i work is absolutely disgusting and any time i book a day off or say have a hospital appointment, they make me work it back the following week putting me into 100 hour work weeks, without a day or in my case a night off, as an example my work pattern for this week is Thursday to Friday night 5PM to 7AM and Sat - Sun 7PM - 7AM and then Tuesday, Wed, Thurs, Fri Nights 5PM - 7AM and Sat - Sun night 7PM - 7AM, for the last 14 month i have had absolutely no life and my health/fitness levels have declined dramatically, how i do not have a vitamin D deficiency is beyond me, anyway are being asked to work hours like these with threats to be sacked when i refuse to do them legal?

My pay is £6.32 no overtime rates and only 8 hours paid for holidays ( i have never done an 8 hour day or night in my life )

Thanks.

[Johnboy007]

Re: Work treat me poorly - ridiculous hours. advice needed.

You need to change your job mate.....
First thing you asked was about the conditions that you sometimes have to work in.
The law states, that an employer has a duty of care to their employees..
The following is what the Conciliation Service A.C.A.S has stated with regards to this issue.....Employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and well-being. Demonstrating concern for the physical and mental health of your workers shouldn't just be seen as a legal duty - there's a clear business case, too. It can be a key factor in building trust and reinforcing your commitment to your employees, and can help improve staff retention, boost productivity and pave the way for greater employee engagement.

Legally, employers must abide by relevant health & safety and employment law, as well as the common law duty of care. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities with regard to personal injury and negligence claims.
Requirements under an employer's duty of care are wide-ranging and may manifest themselves in many different ways, such as:

• Clearly defining jobs and undertaking risk assessments
• Ensuring a safe work environment
• Providing adequate training and feedback on performance
• Ensuring that staff do not work excessive hours
• Providing areas for rest and relaxation
• Protecting staff from bullying or harassment, either from colleagues or third parties
• Protecting staff from discrimination
• Providing communication channels for employees to raise concerns
• Consulting employees on issues which concern them.

An employer can be deemed to have breached their duty of care by failing to do everything that was reasonable in the circumstances to keep the employee safe from harm. Employees also have responsibilities for their health and well-being at work - for example, they are entitled by law to refuse to undertake work that isn't safe without fear of disciplinary action.
It would appear that your employer is in breach of these regulations as expecting you to work 100 hours in a week is excessive and against the legislation.
Likewise, the working conditions also are not acceptable and against legislation.
Have you got a contract of employment?
Most employees are legally entitled to a Written Statement of the main terms and conditions of employment within two calendar months of starting work. This should include details of things like pay, holidays and working hours.
Book an appointment with your doctor and get a medical report from him.
This could prove helpful in any dispute with your employer.
An employer is breaking the law if he threatens to sack you for not working excessive hours.
Holiday pay is usually based on an 8 hour day. Unless your contract of employment says different.
Contact ACAS for advice and help, they can intervene on your behalf.

[komedy]

Re: Work treat me poorly - ridiculous hours. advice needed.

you may find this useful to help you understand the Legal Obligations your employer has under the regulations, specific to lone working.

http://www.hse.gov.uk/pubns/indg73.pdf.