Is it legal for a UK railway worker to finish work on a Monday morning at 6am then start again on Tuesday 5 am

Question

My manager classes this as my day off. I work on the railway in the uk in the signalling department, putting together points and signalling systems and am permanently tired due to a company who work us to the bone regarding shift turnaround times. Im doing a job which involves the safetyu of passengers. Surely there is some ruling against this?

Is 23 hrs a day off? especially when switching between nights and days?

Answer 1

I think you need to join a trade Union and ask their advice.  The Transport and General Workers Union should be able to help.  They have been renamed from TGWU to Amicus as there was an amalgamation last year.  They have a branch in Bath St Glasgow. They should be able to help with your enquiry or at least point you in direction of your nearest branch.

Answer 2

Unfortunately, no, My husband works for the council, 7 days a week. Weekends are classed as overtime, but COMPULSARY.I can sympathise with you, but everyone is pushed to the limit these days.

My husband got ONE day off over Christmas. He usually manages to wangle Boxing Day off, as the bosses are'nt going to come out and check he's there. But this year, the crafty git's had tracking devices fitted to their work van's, so they always know where they are.

We lost a relative living in Birmingham recently, and I know it sounds really cruel, but my husband can't wait until next Tuesday, so he can have 2 days off for the funeral. Wow. 3 whole days off since last August.

Think yourself lucky, my poor old man finishes at 6pm, and is back at work at 6am the next morning. EVERY SINGLE DAY!!!!.

Answer 3

I'm contracting in the rail industry (I was formally a member of the S&T dept).

You haven't stated whether you are a permanent employee or contractor, engineer or trainee.

If you could offer proffer more, I might be in a position to advise you.

I left signalling before the break up and privatisation and joined the Royal Air Force as the money on the rail then was c**p. Promotion was "dead-mens' shoes" and I was going nowhere.

The first thing I would say to you (if you aren't a member already), is to join a recognised union.

Sadly, since privatisation, the rail industry has become more and more money orientated (sometimes with catastrophic results). Without having seen your contract, I can't say whether or not your manager is breaking any employment law.

The only "set in stone" legislation that I am aware of is that you cannot legally work longer than a 12 hour shift.

Sorry that I couldn't help more, but if you have any further questions, please email me.

Answer 4

It is NOT a day off (for any worker) under the provisions of the European Working Time Directive. There are special rules within the Directive for night workers and for the switch between a night shift and a day shift. (A figure of 45 hours rest between the two keeps coming to mind, but I am not sure)

You need to seek proper legal advice - try the Citizens Advice Bureau.

Answer 5

nope

Answer 6

I know what you mean, you can feel a bit cheated but I believe it is legal, I work for Network Rail as a signaller and we do a Saturday night turn until 0630 Sunday and then get back at 0600 on Monday.  The Hidden Regulations (after the Clapham rail disaster) state that shifts must not be longer than 12 hours and you must have at least 12 hours rest between shifts. This link to the ORR website gives more details-

http://www.rail-reg.gov.uk/upload/pdf/hf...

As a night worker you have an entitlement to a regular health assessment, our lot offer this annually.

As many have said it's well worth joining a union, if you have concerns like this there are helplines you can call to get answers off people who know the regulations and have decent resources- I know one has already been suggested but the RMT is also worth a look.

It does go without saying though, that if you feel that you are becoming so tired that safety is compromised then you need to speak to your manager.

Hope you get it sorted and start feeling less knackered.

Answer 7

Not sure.  I work in nursing homes and care homes for elderly people, and the maximum hours off between shifts is 11 hours.  I was going to say your job is more responsible than mine, but maybe it isn't.  They are both to do with care and safety and alertness of staff. I finish at 8pm and start again at 7am (11 hours).

I do sympathise with you.  We are worked to the bone, and almost all staff are constantly tired.  But what to do?

Answer 8

Try looking online at the working time directive. The days of forced working were supposedly long gone. I would reckon that they must be abusing your human rights somewhere along the line. you may also find answers if you check out a legal website - always search these 'free' legal advise.

Answer 9

Perfectly legal and acceptable.  If your manager didn't think/know you were fit to work he/she wouldn't demand you to start work again.

My Dad has got home from his job (road surfacing) at midnight and has had to leave the house again at 5 am to start work again, after less than 4 hours sleep.