LRD guides and handbook April 2013

Working Time Regulations - Application and enforcement

Chapter 8

Daily and weekly rest periods for shift workers

Rights to a daily rest period of not less than 11 hours and an uninterrupted weekly rest period of not less than 24 hours do not apply to shift workers when they change shifts and cannot take the rest periods between the end of one shift and the start of the next one. Nor do they apply to workers whose work is split up over the day, for example cleaners.

However, under the WTR regulations, where rest is missed compensatory rest should apply. Public services union UNISON says: “An important first step for organisers and activists to take on this issue is to calculate whether or not the shift times being worked take account of the rest breaks, gaps between shifts and weekly rest periods stipulated in the working time directive”. If not there may be a strong case for agreeing new shift patterns.