10 hour night WTD rule

[danny_mk2]

Hi,

My work has opted out but is now letting individuals opt back in. They are claiming the maximum you can work by law is 11 hours 10 hours work plus one hour break but then saying POA and Break do not extend the 10 hour working time as they would the 6 hour work rule for example

Doesn't sound right to me who decided that there 1 hour break does count surely either poa and breaks are counted and it's 10 hours clocking on to off regardless or it can be extended using poa and break like the WTD rules

[ROG]

POA and breaks do not count towards the 10 hour night rule - that is law
https://www.legislation.gov.uk/uksi/200 ... ion/9/made

https://www.legislation.gov.uk/uksi/200 ... ion/2/made
“working time” means the time from the beginning to the end of work during which the mobile worker is at his workstation, at the disposal of his employer and exercising his functions or activities, being
(a)time devoted to all road transport activities, including, in particular—
(i)driving;
(ii)loading and unloading;
(iii)assisting passengers boarding and disembarking from the vehicle;
(iv)cleaning and technical maintenance;
(v)all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration officers and others; or
(b)time during which the mobile worker cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements;

[Roymondo]

Wot Rog said. Also, if the workforce has opted out of the 10 hour night working limit, then the workforce has opted out. There is no provision in law for workers to opt in (or out) on an individual basis.

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[danny_mk2]

Cheers,

Looks like it's an in house agreement to not go over 10 hours then