Call outs and rest
Author
Discussion

jdbecks

Original Poster:

2,869 posts

226 months

Friday 28th January 2011
quotequote all
Hi All,

At my work, when we was on call and called out after midnight, we use to get given the day off. Now the boss whats to change it and for us to come in the next day. for instance yesterday, I started work at 8am, and finished at 1630, I was then called out at 2230 and finished at 0400.

how much rest should I be entitled too, before I start work again?

Edited by jdbecks on Friday 28th January 12:49

blindswelledrat

25,257 posts

260 months

Friday 28th January 2011
quotequote all
Thanks for letting us know.

Lastinclass

511 posts

208 months

Friday 28th January 2011
quotequote all
i have staff on call 24/7.
I'm not fully up on the legislation but in the example you gave they would be back at work at midday.

jdbecks

Original Poster:

2,869 posts

226 months

Friday 28th January 2011
quotequote all
blindswelledrat said:
Thanks for letting us know.
Thanks for your input, lets just hope in the other 12,742 posts of yours, you may have said something usefull

blindswelledrat

25,257 posts

260 months

Friday 28th January 2011
quotequote all
jdbecks said:
Thanks for your input, lets just hope in the other 12,742 posts of yours, you may have said something usefull
Easy tiger, I was just mildly amused at the fact that you had forgotten to put your question in your post so it just read like you had randomly told us a couple of lines of your day at work for no reason.

JumboBeef

3,772 posts

205 months

Friday 28th January 2011
quotequote all
Working Time Directive states you must have at least 11 hours of uninterrupted break between shifts.

http://www.direct.gov.uk/en/Employment/Employees/W...

If you finish at 4am, then you shouldn't go back into work until 3pm.


rog007

5,823 posts

252 months

Friday 28th January 2011
quotequote all
A good employer would balance regulation, duty of care, staff morale and being a good egg against the type of work and the specific circumstances pertaining. If you're operating heavy machinery on routine tasks but in a high risk environment then you can see which way you should lean. If you're part of an acquisition team working to a deadline, possibly working with stakeholders abroad on different time zones, but working at a desk then you can equally see which way you would be heading. High quality risk assessment and common sense should see everyone getting the best out of each other IMHO. Why not ask to have a word with the boss to talk through the issue? Failing that, I assume you have a Union rep? Good luck!

JumboBeef

3,772 posts

205 months

Saturday 29th January 2011
quotequote all
rog007 said:
A good employer would balance regulation, duty of care, staff morale and being a good egg against the type of work and the specific circumstances pertaining. If you're operating heavy machinery on routine tasks but in a high risk environment then you can see which way you should lean. If you're part of an acquisition team working to a deadline, possibly working with stakeholders abroad on different time zones, but working at a desk then you can equally see which way you would be heading. High quality risk assessment and common sense should see everyone getting the best out of each other IMHO. Why not ask to have a word with the boss to talk through the issue? Failing that, I assume you have a Union rep? Good luck!
The law is the law: 11 hour gap regardless of the type of work, no arguments.

The poster above who would expect his staff to be in at mid day after a call out finishing at 4am is also operating illegally/unlawfully.

Taita

7,990 posts

231 months

Saturday 29th January 2011
quotequote all
Most people sign a waiver on the Directive though don't they?

JumboBeef

3,772 posts

205 months

Saturday 29th January 2011
quotequote all
I have to the max 48 hour rule, the 11 hour gap still applies (as I understand it).

XDA

2,153 posts

213 months

Saturday 29th January 2011
quotequote all
Taita said:
Most people sign a waiver on the Directive though don't they?
Yep, and most regret it. Been there, done that....

You are still entitled to the 11 rest period though.

TurricanII

1,516 posts

226 months

Saturday 29th January 2011
quotequote all
I thought you could not sign a contract that overruled the law

MonkeyHanger

9,267 posts

270 months

Saturday 29th January 2011
quotequote all
TurricanII said:
I thought you could not sign a contract that overruled the law
The UK negotiated an opt out clause from the EU directive.

If the OP worked where I do, those hours would be an automatic paid day off. Short duration calls after midnight get half a day.

CobolMan

1,430 posts

235 months

Monday 31st January 2011
quotequote all
Interesting posts as my colleagues and I are in the same boat, on any one weekday night 5 of us will be providing support between 5pm and 9am (weekends are 4 people from 9am Sat to 9am Sun and 4 people from 9am Sun to 9am Mon) for the systems we look after. We've been told that any calls up to 1am mean we should be in by 10am and anything up to 4am should see us in the office by between 12 noon and 1pm - as we're a fairly small team it's not unusual to not have a full team in during the week. It will be interesting to hear what the management and unions have to say about this. On a personal level, I'm finding it harder to recover from the early morning calls as I'm getting older.

mph1977

12,467 posts

196 months

Tuesday 1st February 2011
quotequote all
you can opt out of the 48 hours bit but cannot opt out of the 11 hours break bit

JumboBeef

3,772 posts

205 months

Tuesday 1st February 2011
quotequote all
CobolMan said:
Interesting posts as my colleagues and I are in the same boat, on any one weekday night 5 of us will be providing support between 5pm and 9am (weekends are 4 people from 9am Sat to 9am Sun and 4 people from 9am Sun to 9am Mon) for the systems we look after. We've been told that any calls up to 1am mean we should be in by 10am and anything up to 4am should see us in the office by between 12 noon and 1pm - as we're a fairly small team it's not unusual to not have a full team in during the week. It will be interesting to hear what the management and unions have to say about this. On a personal level, I'm finding it harder to recover from the early morning calls as I'm getting older.
Finish at 1am, start work the next day at 12pm.
Finish at 4am, start work at 3pm.
Finish at 6:30am, then have the whole of the next day off (assuming you finish work at 5:30).

However, if your lunch break is unpaid, then add that in as well. EG: say you have one hour unpaid between 12pm and 1pm, if you finished at 4am then you would not have to go in until 4pm.

Make sure everyone is in agreement at work and then just start working to those times. Your employer cannot do anything about it.

dudleybloke

20,553 posts

214 months

Tuesday 1st February 2011
quotequote all
simple answer is to frequently phone your boss during the night to let him know how the jobs progressing and to let him know that your finished.
the next day when he's knackered and moaning that he's not had enough sleep tell him thats how you feel!
smile

CobolMan

1,430 posts

235 months

Tuesday 1st February 2011
quotequote all
dudleybloke said:
simple answer is to frequently phone your boss during the night to let him know how the jobs progressing and to let him know that your finished.
the next day when he's knackered and moaning that he's not had enough sleep tell him thats how you feel!
smile
We have to do that already if anything is going to be delayed by more than an hour, nice thought though.