This policy is non-contractual and does not form part of your terms and conditions of employment and may be varied or withdrawn at any time without notice.
This procedure is designed to ensure that all employees are aware of and understand their rights and responsibilities relating to night working.
All Colleagues, UK and Kelly Secondment Employees (KSEs).
A night worker is any person who works for at least three hours during “Night Time” on the majority of their shifts.
“Night Time” is usually the period between 11pm and 6am, lasting at least seven hours and including the hours between midnight and 5am. For example a night shift could cover from 10pm to 5pm or from midnight to 7pm.
Night Work Limits
As a night worker the following limits on working hours apply:
An eight hour average limit in any 24-hour period in a rolling 17 week period and this includes overtime.
An eight hour actual limit for each day in the case of work undertaken involving special hazards or heavy physical or mental strain.
Work will be regarded as involving special hazards if a risk assessment recognises that the work involves a significant risk to workers’ health or safety.
There is no scope for individual workers to opt out of the night limits.
Kelly Services will keep records of working hours of all night workers for at least 2 years to ensure we do not exceed the limits established in this policy and we are compliant with the Working Time Regulations.
All employees working “Night Time” will be paid their normal contractual hours with no right to additional pay for being a night worker.
_Health and Safety
Kelly Services will offer a free health assessment to any employee who is, or is intended to become, a night worker.
The purpose of the health assessment is to determine whether the employee is fit to work at night, as the risks arising from workplace hazards may be greater, particularly if individuals are suffering from certain medical conditions.
All employees will be required to complete a health assessment. Where the employee does not wish to do so they will need to confirm their position in writing to their Kelly Line Manager. Should you not wish to complete a Health Questionnaire Kelly Services may end your current secondment and seek an alternative assignment for you.
If it is ascertained through a health check that a worker is unable to work night shifts Kelly Services will work to, wherever possible, transfer the employee to other suitable work during the day time.
Each night worker will be given the opportunity of a free health assessment at regular intervals.
Please be aware that records will be retained for at least two years.
_Health Check Process
If you are about to commence a night shift your Kelly Consultant will ask you to complete a Health Questionnaire at point of registration or in advance of your change of secondment.
You must ensure that the questionnaire is completed and returned to your Kelly Line Manager on the day it is given to you.
You will be unable to commence a night shift secondment without the Health Check being completed and Kelly Services receiving notification that you are fit to work.
If you are an existing night worker completing a further health check you are required to complete and return the Health Questionnaire within 3 working days.
Your Kelly Line Manager will then submit the questionnaire to the Occupational Health provider where the information you have provided will be assessed by a nurse.
Once a questionnaire is completed you may be contacted by Kelly Services Occupational Health provider to be asked further questions about the information that you have given.
You may also be subject to further assessments should it be identified that you may be unable to work a night shift. Kelly Services will work with the Occupational Health provider to ensure this happens as swiftly as possible and that wherever possible any necessary workplace adjustments are facilitated in order for you to work.
Should it be identified by medical professionals that you are unable to work at night Kelly Services will endeavour to find you an alternative secondment.