Training and shift work

A. Under Regulation 10 of the Working Time Regulations 1998, you’re entitled to a daily rest period of not less than 11 consecutive hours in each 24-hour period during which you work for your employer.

And according to the definitions in Regulation 2, working time includes time when you’re receiving “relevant training”.

If you are required to undertake the training and work your normal night shifts, this would be a breach of the Regulations since you’d be receiving breaks of just 3.5 hours beforehand and 6 hours afterwards. The 11 hours of daily rest must be consecutive.

Under Regulation 21, there are exemptions for “special cases”. These include workers in security and surveillance where a permanent presence is required to protect property and persons; and where “continuity of service or production” is needed, such as in hospitals or residential institutions, or gas, water and electricity supply. (There is a full list in Regulation 21(c).)

If one of these special case exemptions does apply and you have to work through your rest period, you‘re entitled “wherever possible” to “compensatory rest” under Regulation 24. If that is not possible, you’re entitled to “appropriate protection” to safeguard your health and safety.