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Q: Can workers take less time between shifts than is stated if they are doing it voluntarily, for example overtime on a Saturday morning following a late shift finish on the day before?

May 27 2011

Answered by: Peter Done     Ask a question

The Working Time Regulations 1998 provide certain limits on the amount of hours employees can work. The Regulations state that your employees should have a daily rest break of 11 hours in each 24 hours. However, this is not always a hard and fast rule and can be changed in certain circumstances.
 
If the employer and employee agree via a collective agreement (an agreement made between a Trade Union and the employer) or workforce agreement (agreement between an employer and employee), the length of the break can be changed as long as the employee receives equivalent compensatory rest at another time i.e. the employee is allowed to take at a later time the break that he should have received earlier.
 
Additionally, in certain industries where there is a need for continuity of service, eg care, security, at airports, radio or television, the rules in relation to breaks do not apply as long as compensatory rest is given.

 
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