Massive Youth - Wise Up - Hours of Work

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Hours Of Work

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:

If you are aged 14 - 15 you cannot work more than four hours in any day without at lesst an hour's break;

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;

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.

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;

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;

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;

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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