The law sets a maximum limit on
the number of hours that can be worked in a week. Under the Working Time
Regulations
an employee, save in a few exempted occupations, should not work an average
of more than 48 hours a week, although the law provides for some limited
right
to opt out of this limit, but only by consent.
CHANGES TO HOURS
If you have an agreed number of hours, which you have been working, then any
change to them, without your agreement, could amount to a breach of contract
by your employers. In addition, if the change results in a pay cut you can
use
the Employment Rights Act 1996 to claim the shortfall. You should immediately
contact your GMB representative
if your employer tries to introduce changes which you
are not happy with. You will have a particularly strong case if the change
would
make it difficult for you to carry out domestic responsibilities. The case of
Greenaway Harrison v Wiles [1994] IRLR 380 confirms that where an employer
announces
an intention to impose a change of working time which would conflict with a
person's domestic responsibilities this can amount to a breach of contract.
BREAKS
You have the right to a paid break if you are working more than a certain
number
of hours in the day. The length of the break and the time within which it
must
be taken depends on your age:
n
If you are aged 14 - 15 you
cannot work more than four hours in any day without at lesst an
hour's break;
n
If you are aged
16 - 17 you have to be given atleast a 30 minute break, if you
are
working more than 4.5 hours of continuous work;
n
If you are aged
18 or over and are working for more than six hours a day you must
be given a break of at least 20 minutes.
In addition to your right to a break
during the working day, you will also be entitled to a daily and a weekly
rest
period.
Again, the length of these breaks is related to your age.
n
If you are 14 years of age
you cannot work for more than five hours a day on a non-school
day
or 25 hours a week;
n
If you are 15 years
of age you cannot work for more than eight hours a day on a
non-school
day or 35 hours a week;
n
If you are aged
16 - 17 you have to be given at least 12 consecutive hours rest
in any 24 hour period and a weekly rest period of 48 hours,
although
this period can be interrupted by work activities split up over
the day or of short duration;
n
If you are aged
18 or over you have to be given at least 11 consecutive hours
rest
in any 24 hour period and a weekly rest period of 24 hours (48 if
over two weeks).
If you are working longer than a
six hour shift without a break,
contact your GMB representative
.
SUNDAY WORK
The Sunday Trading Act 1994 says that a shop worker can refuse to work
Sundays
provided that is not the only day they work but to get this right you have to
give your employer an “opting out” notice objecting to Sunday work. This
notice
takes effect three months after it is given and can be given by any shop
worker
provided their contract did not require them to work solely on a Sunday. If
you have any difficulties over Sunday work
contact your GMB representative
.
NIGHT WORK
There are strict limits on the amount of night work which you can be required
to do. If you are under the age of 16 you cannot work anytime after 7pm and
therefore are totally prohibited from working at night.
If you are under the age of 18 your
employer has to undertake a health and capacities assessment before asking
you
to work between the hours of 1Opm and 6am. This assessment has to consider
your
physical or psychological capacity to undertake night work and must be at no
charge to you.
If you are over the age of 18 your
employer has to give you the opportunity of a free health assessment before
taking up night work and at regular intervals thereafter.
If you are working a long night shift
contact your GMB representative
.
|