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Are any changes coming in UK law regarding limiting working hours?
In my job I have to work 12 hour rotating shifts average working hours are around 60 per week, though some weeks can be 90 hours or more to cover other workers holidays or sickness. My wage is £7 per hour worked so the less hours I work the less I get paid,
My 12 hour shift starts at either at 6AM (day shift) or 6PM (night shift) and at interview I was asked to sign the exemption clause agreeing to work over 48 hours per week which I
signed as otherwise I may not have got the job which I badly needed. At present I believe this is all perfectly legal for
security worker employment but I recall hearing that the UK might have to change its laws and introduce same protections that currently apply to workers in other EU countries. Anybody have any better information on this?
No i understand no changes are envisaged. The current law under the Working Time Regulations states
"unless his employer has first obtained the worker's agreement in writing to perform such work, a worker's working time including overtime in any reference period which is applicable to his case shall not exceed an average of 48 hours for each seven days".
That is the exact wording of the Clause so that lumbers you because you state you have signed your agreement! That was your big mistake! So legally your employer can now work you for as long hours as he wants. There is virtually nothing you can do about it apart from resigning and finding another job. Because even if you took them to a Tribunal to complain that signature of yours on that bit of paper will mean your case would be thrown out and you would probably also get stung with employers legal costs for the Hearing!
Your only possible way out is to demand your right for "a free health assessment" which you are entitled to yearly because you work nights as well as days. If the doctor there decides your health is adversely affected by your working hours, such in that you are not getting adequate sleep, then your employer has to take you off nights and find alternative day work for you?
But apart from this, because like me you are a security worker, as I understand it we and only we are explicitly exempted from protections against fatigue that other workers benefit from under English law as "security service" is also so exclusively stated as being non applicable.
If you or I were employed in such a job as Health worker they probably could not make you work such long shifts as you are required to have 11 hours rest between your shifts and so if it takes you more than 30 minutes to get from your home to workplace then you are not getting that. But again "security work" is explicitltly exempted from such workers rights.
No I understand there is no likelihood of the New Labour UK government agreeing to come into line on working hours with the rest of the EU because they believe thatwould harm UK competitiveness and definitely not if the Conservatives win power. But even if the UK goverrnment was somehow compelled by the EU Commission to get rid of opt out clauses that apply only to UK workers within the "Working Time regulations" the explicit exemption stated for "security workers" would not be changed.
Sorry, mate, that is the way it is.
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