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AIBU?

to think 8.5 hours between shifts is wrong now that I am in my third trimester?

25 replies

ThinkIveBeenHacked · 17/08/2014 21:44

30 weeks pregnant and work in hospitality. I usually have a Late/Early shift pair once a week - finish at 11pm and back at my desk for 7.30am next morning. I cant go immediatley to sleep so its usually around 1am that I get to sleep and the alarm goes off at six. As its only once a week and certainly pre-pregnancy, the five hours sleep was shit but manageable. And par for the course with my industry.

Now, I am heavily pregnant, tired mentally and physically, and for the next two weeks, all.my shifts are ptetty much Late/Earlies. Ive been let to go home early tonight due to how quiet it is so ill get a longer sleep but then I have this again Tues/Wed. And more the two weeks after.

My boss who writes the rota has gone on holiday for two weeks now, so I cant even ask her to look at the schedule.

AIBU to think she should be conscious of the fact that I am heavily pregnant when she writes the rota!?

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sezamcgregor · 17/08/2014 21:45

It's illegal. You need 10 hours between shifts

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WorraLiberty · 17/08/2014 21:47

I think it was down to you to tell her that your pregnancy is making you struggle with the shifts.

It's a shit situation, but it's not down to her to guess.

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NapoleonsNose · 17/08/2014 21:48

It's actually 11 hours between shifts - here

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wingcommandergallic · 17/08/2014 21:50

There should be a risk assessment done by your manager during pregnancy and adjustments made as needed.

Be wary of going off sick as I believe that might force your maternity leave to start.

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KernowKids · 17/08/2014 21:51

I was always told it was 11 hours between shifts.

If you have occ health could you get them involved, or your gp?

There's is no way I could have coped.

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KernowKids · 17/08/2014 21:52

You can go off sick without your mat leave starting until 36 weeks.

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frames · 17/08/2014 21:53

Go to your GP and discuss this, if Occy Health will not help. Your line manager needs to be more reasonable if she wants you back after mat leave.

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NapoleonsNose · 17/08/2014 21:54

Your employer should also have done a risk assessment which would include looking at working hours. They should make reasonable adjustments to remove the risk of any possible risk to mother and baby which may mean adjusting working hours. If this cannot be done, then the employee should be suspended on full pay. Have look at this link.

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UpUpAndAway123 · 17/08/2014 21:55

Sounds tiring-I am 31 weeks and have already finished.....being a bit lazy but also wanted to spend time with dd before she starts school :-)
I'm a nurse and my old shift pattern meant less than 11 hours between shifts (as indicated by EU working time directive if I remember rightly) however our trust opted out of them. They have now changed so 11.5 hours between shifts which is better. I would speak to your employer-could you just request not to have an early after a late?

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Meglet · 17/08/2014 21:55

gosh, yanbu.

I also thought it was something like 11hrs between shifts.

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ThinkIveBeenHacked · 17/08/2014 21:56

I have scrutinised the Time Directive and recall there being an exemption for those in hospitality (and onther industry which I cant remeber) whereby as long as reasonable rest time is given within the seven day week, there can be less than 11 hours between shifts.

We have HR, who I intend to visit tomorrow - I know there is a Risk assessment on file for me but ive not seen it. I will ask to see it.

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frames · 17/08/2014 21:57

Is

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frames · 17/08/2014 21:57

Is your off duty done by a computer?

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ThinkIveBeenHacked · 17/08/2014 21:59

Worra I have up til now had one pair of Late/Earlies per week which while shit has been manageable. Ive now been issued a rota with three full weeks of them (plus rest days) and my manager is away on leave so I am unable to raise it with her.

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ThinkIveBeenHacked · 17/08/2014 22:00

no Frames. she types up our schedule. I can make a request for a specific shift or day off and why but rotas are done manually.

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Pseudonym99 · 17/08/2014 22:02

Trouble is, if your boss makes changes based on assumptions, you could then take out a grievance for discrimination - the shifts might not be a problem for you, and shift changes might actually cause you issues. Your boss is not psychic - you need to tell him/her, in order the problem can be addressed.

Anyway, rest between shifts should be 11 hours as already stated, regardless of whether you are pregnant or not.

Be careful, though. Some people might actually like the current shift pattern, even if it is unlawful. You wouldn't want to make enemies!

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Pseudonym99 · 17/08/2014 22:04

Surely someone has been left in charge while your boss is away? What would happen if someone went sick?

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AnythingNotEverything · 17/08/2014 22:05

The risk assessment shouldn't just be on file OP - you should have a personalised, living, breathing risk assessment which is reviewed regularly and amended as required. I'm concerned that you weren't involved in its creation.

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ThinkIveBeenHacked · 17/08/2014 22:06

If anyone rings in sick ever we always just sort it ourselves if the Boss is off. Its a department that is open 365 days of the year and open 7am-11.30pm so more often than not she isnt there. we all just sort cover.

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WorraLiberty · 17/08/2014 22:13

Ahh I see. I didn't realise that OP.

In that case, it's double shit.

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zipzap · 17/08/2014 22:29

are you doing all the late/early shifts because your boss is away or is there another reason - somebody who would normally do them is away or has put in a request not to do them or something else??

It does seem strange that she has put you to do so many when you normally only do one a week - do you think she's thinking she will get you to do as many as possible so that the others get a break from them before you go off on maternity leave or something similar with warped logic...

Speaking to HR and saying that you were going to ask to stop doing any as they are causing you problems sounds a good way to start.

What would happen if you were to call in sick if you did a late and then just couldn't wake up early enough or well enough to do an early?

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ThinkIveBeenHacked · 17/08/2014 22:36

Boss never works past six pm so never has to do a late/early so it isnt simply a case of me needing to step in for her. There is also no-one else on annual leave either to cover for.

That point about doing them now so that the others get a break would stand if it werent for the fact that I will have a maternity cover who will come in and take over - my colleagues do not have an increased workload while im off. I will spend weeks 33-37 of this pregnancy training my replacement (whilst attempting to stay awake!!)

If I am unwell or unable to make a shift regardless, I would call in and the most senior person in my department would have to arrange cover. As my boss isaway for two weeks that would mean it wouldnt be her problem. Her second in command (who is on the same level as me) would have to sort something or if He wasnt on duty, a supervisor.

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Primaryteach87 · 17/08/2014 23:22

A) this is illegal for anyone as previous posters have said. B) Go to the GP and ask for a fit note which clearly states what you need to be able to work e.g rest break every 2 hours, 13 hours between shifts etc

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ThinkIveBeenHacked · 17/08/2014 23:26

it isnt illegal. It states it in the link given at the top by another poster under Compensatory Rest Breaks and lists industries / shift patterns as reasonable exemptions. 90 hours rest given within a working week. 144 hours in a week and I work 40 of them so do get reasonable rest. Usually. However at this stage in my pregnancy I think the rest periods need to be long enugh for me to get sufficient sleep.

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Jellyrollgumdrop · 17/08/2014 23:57

Look at maternity legislation......

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