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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I work at a large distribution company, and they have a shunter

Customer Question

I work at a large distribution company, and they have a shunter working on nights who they class as a non mobile worker, this man is working between eighty and ninety hours a week and has been doing so for around three years,I have asked my union on site and they just say he is non mobile and can work what hours he likes . I don't think this can be legal,but they say he is not using his digi card, I would like to know if what he is doing is legal or not?
Submitted: 8 months ago.
Category: Law
Expert:  Jenny replied 8 months ago.
Hello my name is ***** ***** I am happy to help you today. Why are you worried about this colleagues activities?
Customer: replied 8 months ago.
I would like to know if the excessive hours he is working and lack of rest periods is legal as i feel this is an unsafe practise and puts the rest of the work force at risk, if there was an accident, of which there has already been two in which no one was hurt, i feel it is just a question of time, i cant see the health and safety executive being to happy .
Expert:  Jenny replied 8 months ago.
Hi I am sure that this is in breach of the Working Time Regulations which require no more than a 48 hour week and rest breaks. You can raise a grievance about this regarding the potential impact on your health and safety. If you are paying subs to a union then they should support you. Simply saying he is non mobile does not answer your concerns nor the fact that he is working more than a 48 hour week. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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