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No days off for 4 weeks??

(11 Posts)
MrsFluffleHasAWuffle Sat 13-Sep-08 13:29:43

A friend of mine who works 25-30 hours per week has been told that she is not going to be given any days off in her rota of shifts ( 12-5pm, 2-7pm or 5-10pm) for 4 weeks.

Is this legal? Is it different because she is part time?
She is also a single parent ( they know this) which shouldn't make a difference I know, but to my mind it does. I childmind her child for her and so it would also mean I wouldn't get a day free of work for 4 weeks either which I am not happy with either as I work a 60-65 hour week as it is.

I have had a look online but all I can really find is this page referring to usually having the right to 24 hours clear of work in a week.

masalachameleon Sat 13-Sep-08 13:32:17

Message withdrawn at poster's request.

shinyshoes Sat 13-Sep-08 13:34:54

I was always told you can't work for more than 10consecutive days without a day off

I don't know

MrsFluffleHasAWuffle Sat 13-Sep-08 13:35:26

I don't know what her contract says. As it is they won't give her a set rota pattern it changes each week, and that's inconvenient enough. I don't know how/why she stays there tbh.

MrsFluffleHasAWuffle Sat 13-Sep-08 13:42:40

found this which says that "Workers aged 18 and over should have a minimum 11 hours' rest between each working day, and shouldn't be forced to work more than six days in every seven, or 12 days in every 14. It's especially important this is considered when arranging shifts."

So I think she has something to discuss with the devilboss then!!

BetsyBoop Sat 13-Sep-08 22:06:21

unless she has opted out of the Working Time regulations she is entitled to a day off a week

see here

RibenaBerry Mon 15-Sep-08 13:49:15

Betsy - that's true even if you've signed an opt-out. Opt out's only cover total hours (i.e. going over 48 in average a week), not rest breaks and day's off smile.

It's what others have said, you have the right to a day a week, or two a fortnight. However, if your friend is part time, is she really going to be scheduled shifts so that she works every day of the week but still only 30 hours? Do they just mean that they aren't blocking off specific days as 'days off', even though some will be in practice? If I was her, I would be complaining about working so many (presumably pretty short) shifts. Can't they give her longer blocks?

MrsFluffleHasAWuffle Mon 15-Sep-08 13:54:42

she is contracted for 30 hours and they have told her she will work an extra two shifts a week taking her upto over 40 hours I think it is - and that she has no choice as they are short staffed and that she won't get a day off for the next 4 weeks solid.

She is also concerned about childcare not having space ( me!) also having to pay for it - and the knock on effect on Tax Credits, can't say I blame her, bunch of fuckwits imo!

I've printed off the above pages for her to show her immediate boss and if she gets no joy from him she will contact head office tomorrow.

Thanks for the help.

RibenaBerry Mon 15-Sep-08 14:01:46

Does she have a contract, she should look at what that says about overtime. If the contract does not specify that she may be required to work additional hours from time to time, they can't make her. Even if it does, they might not be able to do something so extreme.

It is downright illegal not to give someone a day off for four weeks and she should point this out to them. She is also specifically protected by law if they take action against her (e.g. sack her) for insisting on this right.

That said, I'd try and approach it in a reasonable, rather than militant way. The economy's not good,etc. Helps to know that you're on strong ground though.

Ripeberry Mon 15-Sep-08 14:03:15

Well that's interesting about the 11hrs rest time.
Because i was doing p/t work as a Homecarer and would finish the work by 11pm and then start at 6am the next day.
But Thankfully it was only for one day (fri night-sat am).
No wonder i always felt tired when i got back home in the afternoons.
Lots of Homecare workers work ridiculous hours, someone i knew worked from 6am-1pm then 4-10pm and would do this REGULARLY for 6 days a week.
But then she was due for retirement, don't know how she did it shock

MrsFluffleHasAWuffle Mon 15-Sep-08 14:04:44

I wouldn't like to see her employer ( a national chain of supermarkets) try to fire her for daring to question why she is the [only] person in the store to be treated like this, esp as she is a single working mum ;) imagine the courtcase and the press!

I'll update when she's spoken to them

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