help needed

[stephenweslo]

hello need some help here about contacts forced overtime and working hours regulations.

 

I am contracted to 37.5 hours per week working any 5 days from 7,however i work between 48 and 55 hours per week,i am never asked if i can do overtime just told i have to do it.

 

Have now been informed if someone doesnt show up for a shift then i have to stay and cover it,so if i do a night shift 21.45 to 0745 and early shift doesnt show then i have to stay until 15.00 and still come in for my next night shift that same night,been informed if i dont then i will be disciplined,is this allowed?

 

Also are there any laws that say there has to be so many hours off between shifts?I work in a care home and all we hear now is duty of care to residents,im walking about exhausted does my company have a duty of care to its employees?

 

Thanks in advance for any help.

 

Stephen

Edited July 22, 2013 by citizenB

[Emmzzi]

Yes there are laws.

 

First of all are your hours all working or are some on call?

 

And what does your written contract say about overtime?

[stephenweslo]

hi Emmzzi all my hours are all working,never on call,my contract says i may be asked to work overtime as and when required does not say a thing about having to work compulsory overtime.

[renegadeimp]

Have now been informed if someone doesnt show up for a shift then i have to stay and cover it,so if i do a night shift 21.45 to 0745 and early shift doesnt show then i have to stay until 15.00 and still come in for my next night shift that same night,been informed if i dont then i will be disciplined,is this allowed?

 

Nope. Not allowed at all.

[stephenweslo]

so if i refuse to stay on what action can i take if i am to be disciplined,i frequently do double shifts 07.30 to 22.00 and would then have to stay until 07.30 the following morning if night shift is a no show,an example is 2 years ago when we has a bad winter up here i started work at 07.30 then had to do a back shift then a night shift then an early shift a 31.5 hour shift,people said they couldnt get to work because of the snow which is fair enough,but i got to work.

 

stephen

[Mr Happy]

Night Working

 

There is extra protection under WTR for people classified as night workers.

 

• Night time is generally defined as the period between 11pm and 6am.
  
• You are a night worker if you regularly work at least 3 hours during the night time.
  
• As a night worker you should not work more than an average of 8 hours in each 24 hour period, excluding overtime (which is calculated over the appropriate reference period which is usually 17 weeks for Night Workers).
  

The law is quite complicated for your sector, not sure if you can posts links here I can pm you a link to a very comprehensive website if you like.

 

 

regular posters can i post links?

[stephenweslo]

any link would me most welcome

[honeybee13]

Hello guys.

 

Mr Happy, whose link do you want to post a link to please? You can't post commercial websites, links to government website and newspaper articles are OK.

 

HB