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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48165
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If I work part-time for asda logistics and am a retained

Customer Question

If I work part-time for asda logistics and am a retained firefighter how am I affected by the working time directive?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How many hours do you work a week for Asda?

Customer: replied 1 year ago.
24 over three days
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. Please do also tell me how many hours, on average, you work as a firefighter? I will then review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message after you have provided this information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
I am on call to answer emergencies. But my contract is a three hour evenung.
Expert:  Ben Jones replied 1 year ago.

Hi there, under the Working Time Regulations, workers should not be working more than an average of 48 hours in a week. This average is calculated over a 17-week reference period so you basically need to average the hours over the last 17 weeks and see what that is, with that number not going over 48h a week. You can opt pit of this limit if you wanted to but this needs to be done with both employers.

In addition you are entitled to certain rest breaks, such as 11 hours between work (not between the two jobs on the same day but after you finish one for the day and before you start the next one the next day).

So in effect you should ensure that when you take into account the hours you work in both jobs that you are not in violation of the working time limits. In the end it is the employer who would get in trouble but you will have a shared responsibility and should advise them that you do both jobs so that they can keep track of your hours and limits.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Are firefighters not exempt then ? So with both jobs the contracted hours are only 27 a week. Does this mean i still have to take the same rest breaks ? Do I have to take a 24 hour period off from borh jobs at te same time too ?
Expert:  Ben Jones replied 1 year ago.

A firefighter will be exempt to an extent that they may not be entitled to the exact timing of the breaks a ‘normal’ job may get due to the fact there is a continuous need to provide the service. So you are still entitled to these breaks but it just means they may not follow the exact timings stipulated in law. In that case the employer can offer you compensatory rest at a later time or date, as long as they still give you the total amount or duration of breaks entitled to by law, even if the timings are not exact. You should also try and take 24h off a week (or 48h off every 2 weeks) from both jobs if possible but as mentioned this may be postponed until a later date if the requirements of the job mean you cannot do it at the exact time the law had intended.