Employment Law - Organisation of Working Time Act 1997

Spriggan457

Bit of a tough one here perhaps,
Recently I was approached by my boss about a shift swap with a colleague. The issue was that both myself and my colleague at different stages in the weeks roster were a late shift (4pm-11:30pm) followed closely by a morning shift - (7:00am - 4:30pm) in this particular case.
I understand this was in breach of the 'Organisation of Working Time Act 1997' as on the roster neither me nor my colleague had received our statutory right of an 11 hour rest period between work. The problem is we both agreed it was fine between ourselves as we badly needed the swap. And explicitly told the employer it was okay. I have read the act and seen the 'exceptions' section. But it only relates to the employer. - I.e An emergency or they give us an adequate extra rest period shortly after?
But what if an employee openly says to their employer and both colleagues agree - 'We really need this swap for that shift, I realize we both will be in a late into a morning to facilitate it and that will not meet our 'rest period' however it's fine we understand this and want the swap regardless.'
So how does it work if you are fine with it as an employee?
I'm only asking because I have agreed many times out of convenience to help my boss to do a late into a morning when it suited them.
Now all of a sudden when it doesn't suit I am met with 'it's against the law, I can't have it'. Hypocritical flexibility. I am very frustrated with this situation. All I want to know is if it is okay to waver your own 11 hours statutory rest period and if you need it what way can you brooch this with the employer. Will a small statement in writing do? Detailing something like 'between this date and time I am fully aware I will not get my 11 hours but I am okay with it.' etc etc. I am very displeased with how much I have sacrificed of my own time willingly (lates into mornings) only yo be met with this inflexibility when it doesn't suit.
Any help would be greatly appreciated. Thanks in advance!

_Brian

TBH it's the employers responsibility to ensure you get the appropriate rest periods.
Asking or allowing employees to circumvent these is a terribly risky business as no matter who asks or agrees, if the employee has an accident the employer would easily be found responsible.

I would say find another way around this problem by taking annual leave etc.