Illegal Hours??

[Smowball]

Second question of the day. My friend has just started at a nursing home - she is still in her 3 months probation period but she cannot cope with the hours. They keep piling overtime and extra shifts on and she is scared to say no incase they sack her. So far this week she has done:

Mon - 7.5 hrs
Tues - 3 hrs
Wed- 12 hrs
Thur - 14 hrs
Fri - 14 hrs
Sat 14 hrs
Sun 14 hrs
And had to sleep there fri and sat. Any advice/ comments much appreciated x

[MartinMillar]

What does her contract say?

[bednobs]

care work is excepted from WTH regs i think
In any case she should say no, especially if she can't cope

[MartinMillar]

I don’t think it is illegal either

[Mamyalynne]

General advice here - how sad that it's fear that's holding her back from discussing this with her employer.

https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/if-youre-working-too-many-hours/

[MallyJ]

Firstly I am sure there are times when she has to be home because her granny, mother, great aunt etc etc have been invited for dinner...or she has to see her family member in hospital ..... She needs to ensure that she is in a union for her own protection ASAP. Carers are in very short supply which is doubtless part of the reason she is expected to do longhours but that really isn't the way it should work.

[Smowball]

I will ask her about her contract. She is so shattered she can’t think straight

[Jackdaw33]

Alas this is all too common in businesses which have staff shortages coupled with a high turnover.

[pixie374]

As bednobs says, carework is exempt, as it comes under "exceptional circumstances". So, not illegal. Usually, you need to sign a form if you are willing to work more than 54 hours a week, but it makes no difference, really.
I once stayed from 7am on a Good Friday until 9:30 pm on Easter Monday, as nobody arrived to take over.
If she is a carer, she can say no and give her available or not available hours. Providing she does any contracted hours, she can say no to anything else.

[bobbinwales]

Unless she expresses concern they'll not know and may assume she wants to boost her income with overtime. Doubt they'll sack her as there generally desperate to keep staff

[youngmafbog]

One of my daughters was doing those sort of hours right up until she had to stop to drop her child.

She did it for years. You do have to say no though because many are like my daughter and take as much as possible to pile the cash in.

The hours will be long and unsociable. To be honest if you dont feel you can do it probably best to search out another career.

[pixie374]

As bobbin says- they will give her as many hours as she agrees to. These places are so short-staffed. They will not get rid of her for saying no.

[Buenchico]

Most workers have the right not to work more than 48 hours per week (averaged out over 17 weeks), however there's an exemption to that rule in jobs where 24-hour staffing is required. So that part of the relevant legislation might not help your friend.

However ALL workers have the right to EITHER one day off per week OR two consecutive days off per fortnight. (A 'day' here means an uninterrupted 24 hour period). They also have the right to 11 hours rest between the end of one working day and the start of another:
https://www.gov.uk/rest-breaks-work
So it's possibly those rules that your friend should be reminding her employer about.

The staff on the Acas helpline may be able to assist. The number is 0300 123 1100, with lines open weekdays from 0800 to 1800. (Calls are charged at the same rate as those to 01 or 02 numbers, from both landlines and mobiles. That means that, if you've got spare 'included minutes' on your mobile phone's 'bundle, they'll be free). Several AB members have reported quite long waits to get through to someone on that number but that it's always been worth the wait.

[Smowball]

That’s all very interesting. She’s only young - she’s 28. Loves her work but scared to speak up, probably because as you all say she knows they are short staffed. Difficult situation. Thankyou for all giving advice x

[pixie374]

It always is, smow... most end up doing far more than intended, out of necessity and guilt. It isn't illegal, but she will need to learn to say no.

[Smowball]

She’s just checked contract - 37.5 hours

[Smowball]

As Mally said - what if her gran was ill, or she was going out.

[pixie374]

Then she needs to not agree to extra shifts x