Here is a question can an individual opt out of the Night Shift workers regulations?
So if a driver wants to start work at 3am on a monday and the same on another day they want inorder to avaoid traffic but the company either does not have a collective workers agreement or have a collective workers agreement and they dont agree with it can this be done by simply putting a letter in righting to their emplyer stating that they wish to opt out of such agreement?
I have looked at this and after a while you go round in circles help 
thebabydragon:
Here is a question can an individual opt out of the Night Shift workers regulations?
So if a driver wants to start work at 3am on a monday and the same on another day they want inorder to avaoid traffic but the company either does not have a collective workers agreement or have a collective workers agreement and they dont agree with it can this be done by simply putting a letter in righting to their emplyer stating that they wish to opt out of such agreement?
I have looked at this and after a while you go round in circles help
No its a collective as In Everyone or the majority have to agree one way or the other
thebabydragon:
Here is a question can an individual opt out of the Night Shift workers regulations?
So if a driver wants to start work at 3am on a monday and the same on another day they want inorder to avaoid traffic but the company either does not have a collective workers agreement or have a collective workers agreement and they dont agree with it can this be done by simply putting a letter in righting to their emplyer stating that they wish to opt out of such agreement?
I have looked at this and after a while you go round in circles help
Hi, from memory the way out of night shift working was by either a vote or written consent of the majority of drivers of a company, this also allowed the change in reference periods, from 17+17+18 to 26+26, this is all form memory when I was providing Drivers CPC Training and was the one bit we’re genuinely the majority of drivers new nothing about. I’ll ask my mate tomorrow as he is now a full time trainer for clarification.
You can start earlier than 4am, but you would be limited to 10 hours working time. All well and good if you can do your job in 10 hours working time (driving plus work, not including breaks or poa).
If you need to work for longer than 10 hours on that day you need a collective agreement by all drivers to agree to this. You can’t start earlier than 4 and work for over 10 hours off your own bat. You would also be subject to health assessments as a night worker too.
As others have said an opt out agreement has to be agreed by a majority of the drivers or agreed by a union, a single driver cannot opt out of the night time working limit unless he’s the only driver there.
Isn’t there a minimum size of workforce involved somewhere along the line?
i.e. If there are only two or three, does the requirement for a majority in agreement still apply?
Roymondo:
Isn’t there a minimum size of workforce involved somewhere along the line?
i.e. If there are only two or three, does the requirement for a majority in agreement still apply?
I’m not aware of a minimum number of people being required.
I’ve just had a very quick look through the regulations and can’t find anything relevant.
I work for a one man band operator. I start when it suits our work.