I have a couple of questions related to domestic working time.
I got notified of an infringement from my employer last week for working more than 6 hours without a break, but I was certain I had a full 45m break before reaching 6 hours. When I looked at the printout I was showing working without a break for 6h 13m at the end of my shift. My total shift length was less than 12 hours so I thought I’d be covered for the entire shift. The chap in the office explained that because I took the break early, that left me with a working time of more than 6h before I finished.
I only thought it was the first 6h and so long as you have enough breaks to cover your shift time, you were fine. There was also no mention of it on the CPC course I took a couple of months ago. Is his explanation correct?
The other question I have is in relation to the 48h working week rule. The rules state this should be taken from a 17-week reference period (or 26 if agreed to, but I haven’t done so). I started work with a new firm 7 weeks ago so I’m coming up to about half-way and I’m already a few hours avg. above 48hrs. Did this 17-week reference period begin when I started? (I’m guessing it is?) After this 17-week reference period, is the slate then wiped clean and a new reference period begins or does the 17 weeks roll over every week, removing the first week and replacing it with the last week worked?
Also, is the 17-week divided by employers, or does a reference period carry over from one employer to the next? I ask since I may well be changing employer soon as I’m on agency right now.