Hi I work nights from 8pm till usually 5am with my break around 1am for 45 mins all my work is either driving or other work , in other words no poa as we load and unload our own trucks . My question is that my work want me to come in at 3.30pm till around 7pm on Friday as overtime but I’ve told them I can’t do it due to only finishing at around 5am due to my 10 hour rule , am I correct in saying this ? I’ve been caught out before by coming in early and don’t want it to happen again , any help would be great thanks from Alastair.
al_P:
Hi I work nights from 8pm till usually 5am with my break around 1am for 45 mins all my work is either driving or other work , in other words no poa as we load and unload our own trucks . My question is that my work want me to come in at 3.30pm till around 7pm on Friday as overtime but I’ve told them I can’t do it due to only finishing at around 5am due to my 10 hour rule , am I correct in saying this ? I’ve been caught out before by coming in early and don’t want it to happen again , any help would be great thanks from Alastair.
Legal answer:
Technically unless you have an opt out agreement in place for the night time working limit you cannot legally do it as it would mean exceeding the maximum 10 hours working time.
Practical answer:
Personally if I wanted the work/money I’d make sure the company know that technically it’s not legal and are OK with it then I’d do it.
But each of us have to make our own decisions, good luck 
I work under a Dhl contract bud so gotta be legal thanks for the reply bud 
I think you’re perfectly legal. You’ve worked all week under the night time working rules, But then you swap to daytime rules.
limeyphil:
I think you’re perfectly legal. You’ve worked all week under the night time working rules, But then you swap to daytime rules.
Legally without a workforce agreement in place the OP is restricted to 10 hours working time between the start of work at 20:00 Thursday and 20:00 Friday.
Unlike the tachograph regulations where a new period of 24 hours begins at the end of a daily/weekly rest period, the period of 24 hours for the RT(WT)R 2005 is a rolling period of 24 hours.
Crazy isn’t it.
If working on a DHL contract there is likely to be a collective workplace agreement in place, unless you all negotiate individually. I’d ask your boss/staff rep 'cause if there is then you will be legal and, by asking you also put the onus back onto company, demonstrate a desire to stay legal and “helpful”.
limeyphil:
I think you’re perfectly legal. You’ve worked all week under the night time working rules, But then you swap to daytime rules.
Another DCPC candidate…
The only workplaces that enforce the “no ten hour nights” rules are places that don’t have a night shift.
Every place with night shifts I’ve ever worked at has a local opt-out in place that you sign up for automatically when starting work there.
Nearly every night shift I’ve done over the years involved working beyond ten hours. Read the small print in your contract and you’ll probably find the opt-out you’ve signed up for in there somewhere…
Yup we have the 10 hour agreement , and to think I had to argue with the transport office to tell them I can’t legally do it .
If you were to work 8-5 on the Thursday with the 45 min break you would have done 8hrs 15 mins work in the 24 hour period in question, this would mean that you could potentially come in 1hrs & 45 mins earlier the following night and not infringe on the 10hr ruling, so therefore you are right in saying that you couldn’t legally start at that time
Glisast that is exactly what I was thinking glad you confirmed it as the orifice was making me question myself . Thanks
Conor:
limeyphil:
I think you’re perfectly legal. You’ve worked all week under the night time working rules, But then you swap to daytime rules.
Another DCPC candidate…
Another silly comment.
Why do people do this? 
An explanation would be better.
I don’t need to go on any dcpc course, i’m not stupid enough to live my life like a slave or sheep.
al_P:
Hi I work nights from 8pm till usually 5am with my break around 1am for 45 mins all my work is either driving or other work , in other words no poa as we load and unload our own trucks . My question is that my work want me to come in at 3.30pm till around 7pm on Friday as overtime but I’ve told them I can’t do it due to only finishing at around 5am due to my 10 hour rule , am I correct in saying this ? I’ve been caught out before by coming in early and don’t want it to happen again , any help would be great thanks from Alastair.
It’s ok in the real world to book p o a when tipping,loading etc,just don’t put it on it at every tip,make sure you show some other work now and then