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	<title>Comments on: Legal working hours for employment, written by Kate Russell</title>
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	<link>http://www.jeff-smith.com/llegal-working-hours-for-employment-written-by-kate-russell/</link>
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		<title>By: Alice</title>
		<link>http://www.jeff-smith.com/llegal-working-hours-for-employment-written-by-kate-russell/comment-page-1/#comment-3891</link>
		<dc:creator>Alice</dc:creator>
		<pubDate>Sun, 27 Dec 2009 23:32:28 +0000</pubDate>
		<guid isPermaLink="false">http://jeff-smith.com/?p=68#comment-3891</guid>
		<description>A friend of mine is a manager @ a gas station &amp; her boss(es) has given her a 60 hrs per week w/ 1 day off &amp; even on her only day off her boss(es) would still bother her w/ some &quot;small stuffs&quot;. She really wants to quit. She&#039;s had it. Is it possible for her to quit &amp; file for compensation? Also to report what she is going through?</description>
		<content:encoded><![CDATA[<p>A friend of mine is a manager @ a gas station &amp; her boss(es) has given her a 60 hrs per week w/ 1 day off &amp; even on her only day off her boss(es) would still bother her w/ some &#8220;small stuffs&#8221;. She really wants to quit. She&#8217;s had it. Is it possible for her to quit &amp; file for compensation? Also to report what she is going through?</p>
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		<title>By: eric</title>
		<link>http://www.jeff-smith.com/llegal-working-hours-for-employment-written-by-kate-russell/comment-page-1/#comment-2409</link>
		<dc:creator>eric</dc:creator>
		<pubDate>Sat, 12 Sep 2009 04:34:50 +0000</pubDate>
		<guid isPermaLink="false">http://jeff-smith.com/?p=68#comment-2409</guid>
		<description>is it legal for an employer to make you work 4pm to 12 pm one day and then the next day begin your shift at 7 am working till 3pm....</description>
		<content:encoded><![CDATA[<p>is it legal for an employer to make you work 4pm to 12 pm one day and then the next day begin your shift at 7 am working till 3pm&#8230;.</p>
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		<title>By: Kate Russell</title>
		<link>http://www.jeff-smith.com/llegal-working-hours-for-employment-written-by-kate-russell/comment-page-1/#comment-212</link>
		<dc:creator>Kate Russell</dc:creator>
		<pubDate>Fri, 29 Aug 2008 16:40:29 +0000</pubDate>
		<guid isPermaLink="false">http://jeff-smith.com/?p=68#comment-212</guid>
		<description>Dear Simon

Please note that I can&#039;t give specific advice here and you should take specialist guidance if you feel your rights are being breached, but here are some general principles.

Employees and workers are protected by the provisions of the Working Time Regulations 1998. The protection means that you you don&#039;t have to work more than 48 hours a week on average.  The average is worked out following a formula which is then averaged over a 17 week rolling period.  

The rule about rest days is generally one day off in seven days or two off in 14, but these can be flexible to meet the needs of the organisation.

If your daily working hours exceed six you will be entitled to a minimum of 20 minutes break during the day. This may be paid or unpaid.

If your employer has changed following the transfer of a service, you may be protected by the TUPE (Transfer of Undertakings Protection of Employment) legislation.  This gives you the right to work for your new employer on the same (or no less favourable) terms than the ones on which you transferred to him. It may be that by insisting on increasing your hours the employer is in breach of contract.

Employers do have the right to change aspects of employment contracts but they are always subject to the over-riding requirement of reasonableness. 

It is open to you to raise a grievance in the first instance to discuss your concerns.

I hope this helps.</description>
		<content:encoded><![CDATA[<p>Dear Simon</p>
<p>Please note that I can&#8217;t give specific advice here and you should take specialist guidance if you feel your rights are being breached, but here are some general principles.</p>
<p>Employees and workers are protected by the provisions of the Working Time Regulations 1998. The protection means that you you don&#8217;t have to work more than 48 hours a week on average.  The average is worked out following a formula which is then averaged over a 17 week rolling period.  </p>
<p>The rule about rest days is generally one day off in seven days or two off in 14, but these can be flexible to meet the needs of the organisation.</p>
<p>If your daily working hours exceed six you will be entitled to a minimum of 20 minutes break during the day. This may be paid or unpaid.</p>
<p>If your employer has changed following the transfer of a service, you may be protected by the TUPE (Transfer of Undertakings Protection of Employment) legislation.  This gives you the right to work for your new employer on the same (or no less favourable) terms than the ones on which you transferred to him. It may be that by insisting on increasing your hours the employer is in breach of contract.</p>
<p>Employers do have the right to change aspects of employment contracts but they are always subject to the over-riding requirement of reasonableness. </p>
<p>It is open to you to raise a grievance in the first instance to discuss your concerns.</p>
<p>I hope this helps.</p>
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		<title>By: simon</title>
		<link>http://www.jeff-smith.com/llegal-working-hours-for-employment-written-by-kate-russell/comment-page-1/#comment-211</link>
		<dc:creator>simon</dc:creator>
		<pubDate>Thu, 28 Aug 2008 14:13:26 +0000</pubDate>
		<guid isPermaLink="false">http://jeff-smith.com/?p=68#comment-211</guid>
		<description>i have been given on average between 43 and 45 hour working weeks since our new management has taken over our kitchen, im working in germany under uk law and in a british army camp for pay as you dine (PAYD), my manager is giving me shift plans that exceed my 40 hour contract, and when i tell him that i dont wish to work these shifts, he tells me im a NAAFI employee i have to do it, in september i will be working three shifts til 11.59 pm, then the following day i need to be at work for 06.30 am, and the last twoo weeks of the month i will be working 11 days straight, the final two of which are ten hour split shifts.
i have informed my manager that i do not wish to work shift patterns such as this, and his answer is always the same, tuff.  what can i do about this, is it even legal for him to do this?</description>
		<content:encoded><![CDATA[<p>i have been given on average between 43 and 45 hour working weeks since our new management has taken over our kitchen, im working in germany under uk law and in a british army camp for pay as you dine (PAYD), my manager is giving me shift plans that exceed my 40 hour contract, and when i tell him that i dont wish to work these shifts, he tells me im a NAAFI employee i have to do it, in september i will be working three shifts til 11.59 pm, then the following day i need to be at work for 06.30 am, and the last twoo weeks of the month i will be working 11 days straight, the final two of which are ten hour split shifts.<br />
i have informed my manager that i do not wish to work shift patterns such as this, and his answer is always the same, tuff.  what can i do about this, is it even legal for him to do this?</p>
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