Working Time Directive & Shift Patterns

Working Time Directive Shift Patterns

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We are in the Care sector and have shifts called Late/Sleep/Early. A staff member would come on shift and do a late shift then sleep at the client premises then work in the morning until the next staff member takes over.

What implications does this have now in terms of the WTD? Are sleepovers part of the WTD? Does this count as working time even though the staff member would be asleep at the client's house?

Also, we give a payment for this sleepover but now wonder if this needs to be at the minimum wage?

Thanks for any help.

Replies (2)

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By Clive Lane
14th Jan 2010 15:17

Late/sleepover/Early turn.


Basically this is an illegal shift!

The UK WTD is quite clear, if you are at your place of work either asleep or working,

this is working time. If you are at home and on-call, you may be given an allowance, but basically,

Working Time only starts when you are actually called out.

Unless it has been negotiated beforehand, there has to be a clear gap of 10 hours betwen the end of one shift and the commencement of another.

The Govt. website has all the details.




Dr. Leaonard C. LANE

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By brickcarco
07th May 2011 18:50

Late/Sleep/Early shifts.
These are common practice in Health and Social care work - an exemption exists within the Working Time Regulations (WTR) to allow for this. However it is not clear.

I work these shifts and have on many occasions had to work an early shift on no more than 4 hours sleep. This having been kept up (working) until 3am when my shift should have finished at 10:30pm.

For the period between 10:30pm and 07:30am I am paid £30. However I am told there is a legal case that means if I am kept working until 3am I should be paid at my normal hourly on shift rate.


My rest period on such a day is essentially 4 hours. falling very short of the 11 hours required by the WTR.

There is an exemption, but I am sure I should be compensated for getting only 4 hours rest between shifts?
I would accept Time off in Luieu for this, but it is rarely offered to me.

Can anybody clarify this????

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