Law on starting work at 2am!

I’ve only been at this job for a few months and they have start times as early as 2am some times, I’ve never needed to know the rules on night work before and not sure if I’m running legal! I thought there was a law/rule that said if you start before 4am your a night worker and then you can only do a smaller number of working hours in day but companies can opt out of this. I’m told there’s a “company agreement” that we don’t work to this rule and we can still do the usuall 13-15 working day regardless of what time we start. Is this correct and legal? I’ve never been asked to sign anything opting out of the law■■? Any help please… :confused:

The WTD only limits working time to a maximum of 10 hours in 24 if you start work between midnight and 04:00. Working time for the WTD is driving and other work so you can still do shifts of longer than 10 hours as long as the remaining time is break and/or POA.

If there is a workforce agreement in place then the maximum 10 hours work rule can be opted out of. From what you say it sounds like there is an agreement in place, from before you started, so the 13 - 15 hour days will be legal.

Coffeeholic:
The WTD only limits working time to a maximum of 10 hours in 24 if you start work between midnight and 04:00. Working time for the WTD is driving and other work so you can still do shifts of longer than 10 hours as long as the remaining time is break and/or POA. If there is a workforce agreement in place then the maximum 10 hours work rule can be opted out of.

Thanks for the info, Does the workforce agreement have to be somthing official and signed or does a verbal agrrement count?

londonerupnorth:
I’ve only been at this job for a few months and they have start times as early as 2am some times, I’ve never needed to know the rules on night work before and not sure if I’m running legal! I thought there was a law/rule that said if you start before 4am your a night worker and then you can only do a smaller number of working hours in day but companies can opt out of this. I’m told there’s a “company agreement” that we don’t work to this rule and we can still do the usuall 13-15 working day regardless of what time we start. Is this correct and legal? I’ve never been asked to sign anything opting out of the law■■? Any help please… :confused:

yes often do 1 a.m -4 p.m ,its legal but takes its toll on you,my only advice is grab every minute of sleep you can.

ady1:

londonerupnorth:
I’ve only been at this job for a few months and they have start times as early as 2am some times, I’ve never needed to know the rules on night work before and not sure if I’m running legal! I thought there was a law/rule that said if you start before 4am your a night worker and then you can only do a smaller number of working hours in day but companies can opt out of this. I’m told there’s a “company agreement” that we don’t work to this rule and we can still do the usuall 13-15 working day regardless of what time we start. Is this correct and legal? I’ve never been asked to sign anything opting out of the law■■? Any help please… :confused:

yes often do 1 a.m -4 p.m ,its legal but takes its toll on you,my only advice is grab every minute of sleep you can.

I’ve done it a couple of times and I know what you mean! Last time was las Tuesday and I was like the walking dead when I got home that night. Trouble is the night before starting at this stupid time I can never get to sleep early enough if I’m at home, if I’m on a night out I can goto sleep at any time. It should be bloody ilegal to work 1am to 4pm in my opinion but again starting at 2.30 tomorrow morning so I need to be getting to bed soon

londonerupnorth:

Coffeeholic:
The WTD only limits working time to a maximum of 10 hours in 24 if you start work between midnight and 04:00. Working time for the WTD is driving and other work so you can still do shifts of longer than 10 hours as long as the remaining time is break and/or POA. If there is a workforce agreement in place then the maximum 10 hours work rule can be opted out of.

Thanks for the info, Does the workforce agreement have to be somthing official and signed or does a verbal agrrement count?

No idea, it’s not something I am bothered about or have looked into. I know we have one at our place but I have never signed anything, or been asked about it. There are others on here who know more about the opt out thing than I do.

Coffeeholic:
No idea, it’s not something I am bothered about or have looked into. I know we have one at our place but I have never signed anything, or been asked about it. There are others on here who know more about the opt out thing than I do.

Ok mate, thanks for the help anyway I now know more than I did 20 min’s ago :smiley:

londonerupnorth:
Does the workforce agreement have to be somthing official and signed or does a verbal agrrement count?

Official and signed.

I was asked to sign a document to agree with it.
If it’s a union negotiated agreement then a signed copy will be with the union, and there is no need for you to be given one.
If not a union agreement then i don’t know but would guess you could ask for a copy of the opt out agreement.
Also not sure that if there IS an opt out , that you are compelled to abide by it.

londonerupnorth:
Does the workforce agreement have to be somthing official and signed or does a verbal agrrement count?

As already said the agreement has to be either agreed to by elected representatives of the workforce or an agreement with a union, either way it has to be in writing and signed by whoever is representing the workforce.

More information here

Coffeeholic:
The WTD only limits working time to a maximum of 10 hours in 24 if you start work between midnight and 04:00.

Sorry to be pedantic but the Working Time Regulations limit working time to 10 hours if you work at any time between 00:00 and 04:00 (goods vehicles), you don’t have to start work between those times :stuck_out_tongue: :wink:

londonerupnorth:
[I’ve done it a couple of times and I know what you mean! Last time was las Tuesday and I was like the walking dead when I got home that night. Trouble is the night before starting at this stupid time I can never get to sleep early enough if I’m at home, if I’m on a night out I can goto sleep at any time. It should be bloody ilegal to work 1am to 4pm in my opinion but again starting at 2.30 tomorrow morning so I need to be getting to bed soon

I wonder if Joe public realises that we start at silly 'o clock to provide his product.
I remember getting stuck in accident backlog in Belgium and taking powernap.
Woke up to find everyone tooting as they passed me :blush: :blush: :blush: :blush: :blush:

tachograph:

Coffeeholic:
The WTD only limits working time to a maximum of 10 hours in 24 if you start work between midnight and 04:00.

Sorry to be pedantic but the Working Time Regulations limit working time to 10 hours if you work at any time between 00:00 and 04:00 (goods vehicles), you don’t have to start work between those times :stuck_out_tongue: :wink:

Indeed it does, I bow to your superior knowledge on the subject. As I said I don’t know that much about, or bother with, the night time working thing. As far as I know we have an agreement at our place so I just work whatever hours I need to regardless of start time.

Just a stab in the dark, but it sounds like you may drive for DSV■■?

ROADRANGER:
Just a stab in the dark, but it sounds like you may drive for DSV■■?

No, worse than that! Not saying though were only a small outfit :smiley: