I work for a firm that has stopped overtime for full time staff and the extra work is now done by agency staff. They often work 5x12 shifts each week. One actually worked 36 hours none stop.

when i complained i was told they are cheaper and if they work else where as well its not my employers problem.

In addition to this I have a contract that states that i am expected to do overtime should their be extra work.

My question surely my employers are breaking working time directives and are in breach of contract with all full time staff by giving the extra work to agency staff when we have a contract that we are expected to do the overtime.

I have raised these points with a supervisor who tells me I am wrong and there is nothing i can do.

Can I apply to a Tribunal for breach of contract and for a ruling if my employers can give work to agency staff when i have it my contract that i am expected to do  it?

i believe you can't work more than 48 hours (nights) but the agency staff work 5 nights a week or 4 nights and 1 day or extra hours else where.

in the past when we got extra work in if anyone refused to do the overtime my employers reply was you have to do it its in your contract surely it works both ways?

I would advise you to raise this internally via the grievance procedure.

With regards to the working time directive you can opt out of this by signing an opt out form and this enables you to work more than 48 hours per week.

i believe you cant opt out if you work nightshifts i have read it somewhere.

i have approached a supervisor over this matter with no luck so i will try your suggestion.