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Thread: Know the law on breaks between the end of your shift & start of the next shift?

  
  1. #1
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    Kev.'s Avatar
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    Know the law on breaks between the end of your shift & start of the next shift?

    I don't mean split shifts.

    We've had this guy come in work this week to basically upset a few people and make them leave. He is the biggest bell end i've had the displeasure of knowing (i know him from his last stint at our place, but other people don't know him as they started after he left).

    He's been given the nickname "pockets" as all he does is walk around with his hands in his pockets, giving out orders & doing absolutley sod all himself. We're busy as hell this week & he's been talking to people about doing overtime to help out.



    He asks me today what time we got away last night.

    I say why, did YOU not stay? I thought you would've to help out. (careful how you read that one as there's 2 ways you can say it. I mean it in the non-agressive way)

    No no i can't stay. I've got things to do.

    So i tell him i got done at 7pm and others stayed until 8:30pm (we're supposed to finish at 5:30pm)

    He says that's not too bad then (knowing full well that comment would irritate anyone who stopped). He says the boss many could've had us working until 10:00pm if he liked (we start at 7:30am).

    I say aye he could do .......... but we'd be starting later though.

    No you wouldn't says he. You only need 9hours between shifts.

    I think you'll find it's 11hours i point out.

    No, it's 9hours.....unless you're working past midnight & then you're considered a night worker he says.

    Where on earth did you pull that information from i ask.

    It's 9hours he says with a smirk & then buggers off.


    http://www.hse.gov.uk/contact/faqs/workingtime.htm


    This chap is "one of those" who is never wrong. You know the sort.


    I'll happily hold my hand up if there's some print somewhere that says this 9 hour thing exists, but i can't find it.

    Is he full of shizzle, or is there some sort of truth to what he said?

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    yes its simple, 11 hours uninterupted between shifts except in an emergency.

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    interesting thing is Kev do you know how many breaches of the European working time directive regarding rest periods you need to lodge a successful claim ?













    The answer is one ! but you must bring a case within 3 months of the breach to have a valid claim.

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    not 11 hours in all jobs! drivers can just have 9 hours off between shifts some days

    AOC top 15 car at PVS 2009 & 2010
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    Quote Originally Posted by sri_kev View Post
    not 11 hours in all jobs! drivers can just have 9 hours off between shifts some days
    But need to compensate within 2 weeks or something. The tacho hours laws are VERY intricate!!

    I have heard the 11 hour rule before, I will concur.

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    I'll chip in here - it's 11hours. Also 20 min break during every 4 hour period worked. If they want to talk that crap about staying until 10pm, do it, and then roll in at 9am next morning. There isn't a single thing they can do about it, and sacking you for it would certainly be unlawful.
    2000 1.8 CDX money guzzler a.k.a Bessie

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    tacho law is very relaxed with periods of avalibility but you can have 2 9 hour turn arounds in a week and work 16 hours for two days i think it is.

    basically all me and my boss do in our job as there is only us two is do what is needed which can be 13/14 hour days all week if its needed. You just do what you need to and get on with it

    AOC top 15 car at PVS 2009 & 2010
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    It's actually 20mins per 6hours mate.

    Funny thing is, i was in a sports store once and i took a t-shirt to the till to pay for it & stood there as a worker & i assume their manager, argued over the law on breaks. It was funny as the worker who was a scabby chav girl argued (wrongly) & the manager person was spot on.
    Makes a change.


    anyway, i'm not a driver, nor am i anyone important like a doctor or whatever. I am just a yard lad for a builders merchant




    Back to the break though - one day i was rota'd to finish early. It meant doing exactly 6 hours, but because of how it fell, they said i wasn't allowed a dinner break.
    Ok said i, and i took 20mins instead of 15 for my morning break.

    They went skitz over it. In that case though, i didn't want to start spouting the law too loudly, as they could've likely then changed the company policy to one 20min break per day, instead of 1x 15min in the morning, 1x 30min for dinner and 1x 15min in the afternoon. It wasn't worth the hassle.


    But this guy is a grade A ****. Of course, even though it seems he's wrong about his 9hours, he's still not wrong if you get me. He'll never ever be wrong. He'll tell you black is white & he STILL wont be wrong. About 3 days into his week he managed to upset just about every employee going, just by his natural "charm".



    Anyway, glad it's the 11hours. Wasn't sure if there'd be some small print though with loopholes.



    As an aside ....... what's the limit to working in a day? Isn't it something like 14hours? So technically i could work to 9:30pm, but then i'd have to clock in no earlier than 8:30am the next day? (IF it's 14hours)

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    iain863's Avatar
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    I dont knw what the Law is, but in the past I have worked from 6am through the day till 130am, and then back to work on site for 7am (this was weekend shift, and the work had to be done before production started).
    Its all very vague, but with the new European law coming in would mean would have to max average hours per week soon right?
    Disclaimer - some of the above text may actually be sarcasm (believe it or not!)

    Astra 02, SRi 1.8i - Irmscher'd up (a bit) with Zebra front bumper


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    Quote Originally Posted by sri_kev View Post
    tacho law is very relaxed with periods of avalibility but you can have 2 9 hour turn arounds in a week and work 16 hours for two days i think it is.

    basically all me and my boss do in our job as there is only us two is do what is needed which can be 13/14 hour days all week if its needed. You just do what you need to and get on with it
    1. I wonder if this guy is talking to me about drivers/tacho law then and not law for MOST other people then as tacho law is a bit different.....? Maybe he's got it confused.

    2. "Get on with it"? Bit different if you work for a place that appreciates your efforts. A lad has worked late every day this week, but because he needs tomorrow off to care for his ill grandparents, he's been given no end of grief and been told he now MUST work next saturday and MUST work late through the week, even though he's been working late all throughout this week.

    At this place, the more you do, the more they expect ..... but they don't think of you any better for it. In fact, it's the opposite

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