13 replies to this topic

[waggo77]

Just thought I would ask this as the company I work for make such a big deal out of this http://www.legislati...3/contents/made

I currently do 44 hours a week in my current job (day shift), and hope to do 40 - 50 hours a month as a Special Constable. Would the Working Time Directive limit me in doing that if I do some night shifts as a Special Constable?


Only ask as I've always been under the impression that you can opt out of this? (providing you work a day shift). Does this apply to volunteer work? As in the Special Constabulary?

It does state in the "excluded sectors" that Police are excluded. Just wondered if this applies to the Special Constabulary as well?

Any advice would be greatly appreciated!

Regards
Neil

Edited by waggo77, 08 February 2012 - 09:33 PM.

[Wrighty112]

i know im from Cumbria but when i got my pack just before i started training there was a form to sign which allows you to opt' out of the working time directive. Maybe you will have the same...

[yellowombat]

On module 1 one of the forms to sign was a waiver for the Working Time Regulations which you have to sign, yes, it does apply to specials. So, not a problem!

Sometimes when I am on shift the Sarge asks when I was last at work so I am not to tired to do the shift properly I guess.

Edited by yellowombat, 08 February 2012 - 09:37 PM.

[Gelf]

i know im from Cumbria but when i got my pack just before i started training there was a form to sign which allows you to opt' out of the working time directive. Maybe you will have the same...

Waggo, You should get a form to sign.

[antsimkins]

As the others have said, a form is given to you to sign which opts you out of working time regulations.
They will still apply in your normal job, but your work within the special constabulary won't count towards them.

[Woody]

Just thought I would ask this as the company I work for make such a big deal out of this http://www.legislati...3/contents/made

I currently do 44 hours a week in my current job (day shift), and hope to do 40 - 50 hours a month as a Special Constable. Would the Working Time Directive limit me in doing that if I do some night shifts as a Special Constable?


Only ask as I've always been under the impression that you can opt out of this? (providing you work a day shift). Does this apply to volunteer work? As in the Special Constabulary?

It does state in the "excluded sectors" that Police are excluded. Just wondered if this applies to the Special Constabulary as well?

Any advice would be greatly appreciated!

Regards
Neil

Nope because you sign a opt out form during the induction day.

[CJay]

Nope because you sign a opt out form during the induction day.

Basically what Wa-Sorry Robocop ( ) and a few others have said, that'll be on your induction, in the big book of stuff to read/sign/tear out/give back they'll be a copy of the Working Time Regulations 1998, and to opt out of it.

You keep a copy, as does the constabulary, Job done

[waggo77]

Thank you guys for clearing that one up for me

[Reado]

At present you can opt out. I have heard that the bosses are looking on how the WTR 2008 will effect us when the EU says no-one can opt out!

However, if you work a full day 8-16 etc my suggestion is not to work a 17-3 shift. Its not healthy and if something should go wrong you would be up for the high jump!

[Rocket]

Apologies for butting into your forum, but we've been through the WTR in our force too and it is a complete minefield especially if your employer is hot on it. It isn't as simple as opting out of the 48hr working week because there is also the rest periods to take into account and this is much harder (and pretty much impossible) to completely opt out of. So there are 2 opt-outs.

The guidance from the NPIA is here and they sent this to all forces, have a read!

[waggo77]

Apologies for butting into your forum, but we've been through the WTR in our force too and it is a complete minefield especially if your employer is hot on it. It isn't as simple as opting out of the 48hr working week because there is also the rest periods to take into account and this is much harder (and pretty much impossible) to completely opt out of. So there are 2 opt-outs.

The guidance from the NPIA is here and they sent this to all forces, have a read!

No need to apologise, all advice welcome. Thanks for the read from NPIA it was very helpful.

[SCApples]

I read all this in some detail a while back after an interesting article in the A&S Police Federation rag last month. Basically we are 'employeed' by the force and we can opt out of the Working Time Directive for maximum hours but NOT for rest periods. This is totally impractical as it would mean for example not being able to special on a Friday evening after working your normal job during the day as you can't have less than 11 hours rest in any 24. The fudge is that you can break the rest period rule if you make up for it with a 'compensatory rest period'. I couldn't find any documentation on it from A&S however there is fleeting reference to it again in DOG meeting minutes basically saying it's on the list of things to look at. Lets hope it takes as long as the driving policy.

IMHO it's all rubbish anyway. It should be down to the individual officer to make sensible choices as to whether they are fit for duty or not bearing in mind their non-performance could impact on the safety of another officer. If you are too tired go home or better still don't come in in the first place. What is non-sensical about it all is that I could go into 'work' at my office and do 8 hours there come home, change (kiss the wife) and go and do 8 hours specialing and this could technically be breaking hte rest period rules but if instead I got up did 8 hours DIY at home and then went to do 8 hours specialing then it would be fine.

With any luck we'll be scrapping the Directive at the same time as we bin the Human Rights Act.

Edited by SpecialSimon, 10 February 2012 - 12:02 AM.

[Gelf]

IMHO it's all rubbish anyway. It should be down to the individual officer to make sensible choices as to whether they are fit for duty or not bearing in mind their non-performance could impact on the safety of another officer. If you are too tired go home or better still don't come in in the first place. What is non-sensical about it all is that I could go into 'work' at my office and do 8 hours there come home, change (kiss the wife) and go and do 8 hours specialing and this could technically be breaking hte rest period rules but if instead I got up did 8 hours DIY at home and then went to do 8 hours specialing then it would be fine.

The thing is, not everyone makes sensible choices.
I can think of some specials I know who will work 09.00-17.00 then do a night shift 22.00-05.00 then go back to work the next day 09.00-17.00 and do 22.00-05.00 again and work the next day again. While they can get away with the lack of sleep because they are young, but by the third day they must be close to exhaustion and it cant be good for them.
That said im sure we have all policed when we probably shouldnt, at the time of the riots I worked out I did 82 hours work in 6 days. It took me two weeks to properly catch up on sleep, but at the time I felt ok(ish).
My point is, everyone thinks they are ok until someone falls asleep on the way home and and has a smash up.

[Stone Cold]

I think common sense prevails...if you're falling asleep while eating you doughnut then its probably a good time not to carry on in your shift!