Night Working

I need to pick your brains again :slight_smile:

As I understand it, if you are a night worker (i.e your shift falls between 00.00 and 04.00) then you can only work 10 hours, unless there is a workforce agreement in place.

So, does this mean that you can only work within a 10 hour period including breaks and POA, or, is it actual working and driving time e.g shift is over a 12 hour period but of that, 9 hours is driving and 1 hour is other work, the other 2 hours being break and POA.

Also, can a workforce agreement be between an individual and the company, or, does it have to be applied to the whole workforce :question:

MAT:
I need to pick your brains again :slight_smile:

As I understand it, if you are a night worker (i.e your shift falls between 00.00 and 04.00) then you can only work 10 hours, unless there is a workforce agreement in place.

So, does this mean that you can only work within a 10 hour period including breaks and POA, or, is it actual working and driving time e.g shift is over a 12 hour period but of that, 9 hours is driving and 1 hour is other work, the other 2 hours being break and POA.

Also, can a workforce agreement be between an individual and the company, or, does it have to be applied to the whole workforce :question:

Night time is 00:00 to 04:00 for HGV drivers and 01:00 to 05:00 for PSV drivers.
If any part of your working time falls within these times you are regarded as a night time worker.

If you wish to comply with the night time worker rules then without a workforce agreement in place you can legally work 10 hour in the 24 hour period from the start of the working time in any shift.
The period of 24 hours is regarded as important and if more than 10 hours working time was to fall within the period of 24 hours then you would not be complying with the night time worker rules.
By work I mean working time which does not include breaks or POA, the ten hours is actual working time ie driving and other work.

The shift you describe above of 12 hours with 2 hours being made up of POA and breaks leaving only 10 hours working time is perfectly legal, you will however need to watch how much working time falls within the period of 24 hours from the start of the shift.

A workforce agreement does not have to apply to the whole workforce it can be in force for a group of workers, for instance drivers on a particular contract may have a different agreement to workers on another contract if they are regarded as different groups of workers.

I can’t imagine too many situations where a workforce agreement could apply to just one of a group of drivers.

Hope This Helps :wink: