The law sets a maximum limit on the number of hours that can be worked
in a week. Under the Working Time Regulations an employee, save in
a few exempted occupations, should not work an average of more than
48 hours a week, although the law provides for some limited right
to opt out of this limit, but only by consent.
CHANGES
TO HOURS
If you have an agreed number of hours, which you have been working,
then any change to them, without your agreement, could amount to
a breach of contract by your employers. In addition, if the change
results in a pay cut you can use the Employment Rights Act 1996
to claim the shortfall. You should immediately contact
Massive Youth if your employer tries to introduce changes which
you are not happy with. You will have a particularly strong case
if the change would make it difficult for you to carry out domestic
responsibilities. The case of Greenaway Harrison v Wiles [1994]
IRLR 380 confirms that where an employer announces an intention
to impose a change of working time which would conflict with a person's
domestic responsibilities this can amount to a breach of contract.
BREAKS
You have the right to a paid break if you are working more than
a certain number of hours in the day. The length of the break and
the time within which it must be taken depends on your age:
n If you are aged
14 - 15 you cannot work more than four hours in any day without
at lesst an hour's break;
n If you are aged
16 - 17 you have to be given atleast a 30 minute break, if you are
working more than 4.5 hours of continuous work;
n If you are aged
18 or over and are working for more than six hours a day you must
be given a break of at least 20 minutes.
In addition to your right to a break during the working day, you
will also be entitled to a daily and a weekly rest period.
Again, the length of these breaks is related to your age.
n If you are 14 years
of age you cannot work for more than five hours a day on a non-school
day or 25 hours a week;
n If you are 15 years
of age you cannot work for more than eight hours a day on a non-school
day or 35 hours a week;
n If you are aged
16 - 17 you have to be given at least 12 consecutive hours rest
in any 24 hour period and a weekly rest period of 48 hours, although
this period can be interrupted by work activities split up over
the day or of short duration;
n If you are aged
18 or over you have to be given at least 11 consecutive hours rest
in any 24 hour period and a weekly rest period of 24 hours (48 if
over two weeks).
If you are working longer than a six hour shift without a break,
contact Massive Youth.
SUNDAY WORK
The Sunday Trading Act 1994 says that a shop worker can refuse to
work Sundays provided that is not the only day they work but to
get this right you have to give your employer an “opting out” notice
objecting to Sunday work. This notice takes effect three months
after it is given and can be given by any shop worker provided their
contract did not require them to work solely on a Sunday. If you
have any difficulties over Sunday work contact
Massive Youth.
NIGHT WORK
There are strict limits on the amount of night work which you can
be required to do. If you are under the age of 16 you cannot work
anytime after 7pm and therefore are totally prohibited from working
at night.
If you are under the age of 18 your employer has to undertake
a health and capacities assessment before asking you to work between
the hours of 1Opm and 6am. This assessment has to consider your
physical or psychological capacity to undertake night work and must
be at no charge to you.
If you are over the age of 18 your employer has to give you the
opportunity of a free health assessment before taking up night work
and at regular intervals thereafter.
If you are working a long night shift contact
Massive Youth.
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Hours of works