Maximum working hours per week. Advise needed please

[ormirian]

Asking for colleague whose DD has been told she has to work 12 hour night shifts (residential care home) every day of the week in the run up to christmas including christmas eve and christmas day. She told them she didn't want to and couldn't get transport on those days. Employer texted her and said that she had found her a lift!

84 hours seems a bit OTT when she is contracted to work 48 hours but on the government website it states that the working time directive doesn't apply to places where 24 hour working is the norm.

is she within her rights to refuse?

Thanks

I'm not sure about this so I may be wrong but I think the 24 hour exception is where you work 24 hours as a solid shift not where 24 hours cover is needed for that place. I know this applies for care homes and it done on a regular basis an opt form needs to be signed.

Sorry to make that clear the working times regs do apply to residential care and any worker doing this regularly needs to sign an opt out form. As a one off tho they may be able side step it. I would advise to ring ACAS or a union as if this is the approach of the management it may become the norm and worsen over time.

www.gov.uk/rest-breaks-work

Thank you.

I didn't think it sounded right. Problem is they need 2 on each night shift but they only have 3 night shift workers. But that's the employers problem, not hers.

I work for a care provider and there's no way we'd allow anyone to clock up that many hours in a week. Exhausted staff make mistakes and IMO would be putting the residents at risk. I suggest she mentions that to her employer. If they're that short of staff then they'll have to get in agency. Expensive but they should have thought of that before now.

In order for her to legally work more than 48 hours a week she'll have had to have opted out of the working time directive. She can withdraw that "opt out" at any time.

Hey , You can check acas website
www.acas.org.uk/index.aspx?articleid=1461
You may find answer here

Regards
G