Employment Rights

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WORKING HOURS

How many hours can my employers make me work?

As many as you agree to do - as long as your rights to breaks are respected.

In unionised workplaces you may be covered by a national or local agreement on working time such as that in the NHS.

By law you:

* are allowed to refuse to work more than an average 48 hour week during each seven day period (the average normally applies over a 17 week period)

* cannot be forced to work more than 13 hours in any one day if you're 18 and over or 12 hours if you're under 18

* must have a full uninterrupted 24 hour period off in any one week if you're over 18; two compulsory 24 hour rest periods in any one week if you're under 18 (not necessarily at weekends) Days off can be averaged over a two week period for over 18s only.

* should not work more than an average of eight hours in each 24 hour period if you work nights

Night shift counts as 11 pm - 6 am. You are a night worker if you work at least three hours during this time.

You can choose and agree to work more than these limits, but if you're being forced or pressured to do more than you want to, get union help or legal advice.

In certain kinds of work such as care work, the media and agriculture adult workers (over 18s) may be required to work more flexible hours - but should receive compensatory rest breaks in return.

You should also know:

* you are entitled to a rest break of at least 20 minutes if you work more than six hours in a row;

* you must be given 'adequate rest breaks' If your work is particularly monotonous

* you are entitled to a minimum of a half hour rest break if you work more than four and a half hours in a row and are
above school leaving age but under 18.

However this doesn't apply if you work in the transport sector.

Get union help or employment advice if you think this applies to you or if you are having problems or are not sure of your rights whatever your job.

By law employers must now keep records of the hours all their employees work each week. They should also keep copies of the written agreements made with any worker opting to work more than a 48 hour week.

Doing overtime and whether you get paid for it also depends what you've agreed to with your employer.

If the new law on working hours (Working Time Regulations) changes your terms and conditions, then you should receive an amended copy of your contract or written statement.

If you are denied these new rights you can take your employer to an Employment Tribunal or report them to the Health and Safety/Environmental Health Officers of the local authority.

You can get hold of a copy of the new Working Time Regulations which are now part of British law from your union.

 

   

 

How much time should I get for my breaks?

Whatever your job you are entitled by law to a minimum amount of rest time as follows:

* aged 16 and over:

a 20 minute rest break for every six hours you work in a row

* above school leaving age but under 18

a minimum 30 minutes of rest time if you work more than 4.5 hours in a row

If you're refused your minimum break time, get union help or employment advice about what to do. You'll probably need to ask your employer for your legal breaks with union backing.

You could go to an employment tribunal if:

your employer continues to refuse you your rest time
sacks you for refusing to work during your breaks
sacks you for asking for proper breaks

However, there's no law that says you must get a tea break - or a coffee break or a lunch hour as such.
Let alone all three during paid working time.

This is why, for example, some contracts specify a 7.5 hour working day not including lunch break.

NB. These rules don't apply if you work in the transport sector. Get advice if you think this may affect you.

But whether the boss is watching the clock or not, it's an extremely good idea to stop work and eat.
If nothing else, try and pop round the corner to grab a bite even if you then have to eat it back at work.

Getting a breath of fresh air, combined with a proper meal is best.

One in four office workers in the UK don't take a lunch break away from their desks. Six out of ten leave their offices for 30 minutes or less. No wonder people get stressed at work.

It's worth pointing out to your employer that you are likely to be more productive if you take a proper break.