Hi Sheila, how many consecutive days am I legally allowed to work? As some weeks I have to work 8 consecutive days & it has been 10 consecutive days with no rest day in between.

 

Answered by Sheila Scott

Dear C,

Thank you for your question.

I consulted Chris King, one of our employment law specialists from Napthens Solicitors about your question because it is important for you to have advice from an expert.

This is his advice:

“Under Regulations 11 (1) and (2) of the Working Time Regulations 1998 a worker is entitled to an uninterrupted rest of 24 hours per week or, at the employer’s choice, 48 hours per fortnight.  A week begins at midnight between Sunday and Monday. So long as you have at least a 48 hour uninterrupted rest break in each period between midnight on Sunday and midnight on Sunday a fortnight later, your employer will still be compliant with the Working Time Regulations”. 

I hope this is helpful,

Please come back to me if you require further advice.

Best wishes.

Sheila

3 FAQs

Q: Can I opt out of the 48-hour weekly working time limit in a care role?

A: Yes, but only if you voluntarily agree to do so in writing. Under the Working Time Regulations 1998, workers can sign an individual opt-out agreement allowing them to work more than an average of 48 hours per week. However this opt-out applies to the 48-hour weekly average limit it does not remove your entitlement to the minimum weekly rest period of 24 hours per week or 48 hours per fortnight. You can withdraw your opt-out agreement at any time by giving your employer written notice, with a minimum notice period of seven days unless your contract specifies a longer period up to three months. Importantly, your employer cannot legally force you to sign an opt-out or treat you unfavourably for refusing to do so.

Q: Do I still get rest entitlements if I work night shifts in a care home?

A: Yes. Night workers in care settings are entitled to the same rest periods under the Working Time Regulations 1998 as day workers a minimum of 11 hours uninterrupted rest between working days and either 24 hours uninterrupted rest per week or 48 hours per fortnight. In addition, night workers whose work involves special hazards or heavy physical or mental strain should not work more than an average of eight hours in any 24-hour period. Care work frequently involves physically and mentally demanding tasks, which makes this provision particularly relevant. If you regularly work consecutive night shifts without adequate rest, you are entitled to raise this with your employer or seek advice from ACAS.

Q: What should I do if my employer is consistently scheduling me to work more consecutive days than the Working Time Regulations allow?

A: Start by raising the issue informally with your manager or supervisor, keeping a written record of the shifts you are asked to work and any conversations you have. If the pattern continues, you can raise a formal grievance using your employer’s grievance procedure your employer is legally required to have one in place. If the issue is not resolved internally, you can seek free advice from ACAS, contact the Health and Safety Executive, or in serious cases bring a claim to an employment tribunal. It is also worth noting that CQC’s Well-Led framework expects registered providers to demonstrate good workforce governance, persistent breaches of working time rules can be a relevant factor in an inspection, particularly if staff welfare concerns are raised.

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