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Uk Legal Advice - Maximum Working Hours


ServareVitas
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Please only posters that are from the UK (Preferably England) that know what they're talking about. I'm a care worker and I have been booked for 9x 13 hour shifts which is 107 hours and 91 hours in a 7 day period. I have opted out of my 48 hour limit clause and I'm happy to do the 9x 13 hour shifts as I agreed to all of the bookings from my boss. But I'm wondering does opting out of the 48 hour clause really equal unlimited working time? This is the UK surely there must be a stop point rule where the amount of hours becomes illegal on health and safety grounds? 

 

Regards

 

 

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You may want to ask that question of your local Citizens Advice Bureau. There are plenty littered around and they are there to help with issues like this.

 

I am not sure these forums can really help you.

 

My mother is the third most senior person in my local one and she hasn't got a clue. I threw it on here because it's a community of gamers from all professions and walks of life etc. 

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My mother is the third most senior person in my local one and she hasn't got a clue. I threw it on here because it's a community of gamers from all professions and walks of life etc. 

 

Well, I wish you luck then. You may want to look into some kind of pro bono law Solicitor too, if you feel you are being treated unfairly.

 

From what I remember in my time working in the UK, you could only be scheduled within 12 hours of your last shift a certain amount of times, but I may be crazy.

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Although it isn't stated, anything past working 168 hours per 7-day-work-week is deemed illegal.

I would imagine so since there's only 168 hours in a week.

 

 

I know. I already said I willingly accepted the bookings. But if it is illegal then it's far easier to hang it around my neck rather than my agency's. 

After reading over the summary of the UK labor laws regarding working hours, it's illegal to force an employee to work more than 48 hours a week unless they opt out of the 48-hour limit. After opting out, it really becomes a negotiation between you and your employer in regards to how many hours you work. You can cancel the opt-out agreement as well (if you feel as if the hours you're being assigned are simply too much) but you need to give a 7 day notice (or a notice however far in advance that the original opt-out agreement specifies).

 

If your employer is making you work more than 112 hours per 7 day period however, then that may become an actual health issue (as it would be preventing you from getting 56 hours of rest/sleep per week, or 7 nights of 8 hours each), but even then it's technically not illegal as you did voluntarily opt out of the 48-hour maximum.

 

So no, sadly, it isn't illegal for them to do this. I would highly recommend talking with your employer to see if you can negotiate shifts and hours which are more reasonable. If they say it's not an option, you should consider opting back in (cancelling the opt out). As long as you provide sufficient advanced notice, they cannot tell you "no" to opting back in (if they did then they would be liable and you could file a lawsuit against them).

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