Work hours related problem

HollaHolla84

Ok so here goes, My contract states that I am required to work 45 hours a week and they can call upto 3 additional hours a week.
I work in a warehouse and my role requires me to start half hour before most of the other workers. Tonight it has been decided that we have to stay until they leave, which tonight was at 4am, meaning I had done an hour and a quarter overtime. If this happens on a daily basis (it probably will) Then are they in breach of the 48 hour working week? I have not signed an opt out. Would I be able to walk out once I reach the 48 hours and basically not breach my contract? They are starting to really take the !!!! out of us and I want to work out what I can do within my contract to annoy them really.

They also changed everyones rota a few weeks ago, now I read tonight that for them to do that they should only have been able to do that with our agreement.

Emmzi

straight to annoy? no conversation?

I'd collect data for a week or two, and then have a calm discussion. Might get you further.

HollaHolla84

Well we have tried discussing problems with the management before and they just wont listen. Like our pay, I was over £200 short, I put in a querie form and whenever I ask about it its just a case of...well my pay weren't right either, or when we are working overtime they say... so are we but at least you get paid for it (managers are salaried) They seem to think its quite funny.

hothothot_3

have a read of this link,.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028439

They cant force anyone to work over 48hours without the written authorisation so yes you could walk out and not be in breach of contract.

jazzyman01

I would always be wary of someone telling you that you would have no comeback if you walked out of your job.
The 48 hours is an average over a period of 17 weeks where there is no agreement for any other period.
The Company should be keeping a record of the hours that you have worked - but I would suggest that you do also.
If you find that you are over the 48 hours per week in that 17 week period then you can inform your employer that you are entitled to take time off.

juliescot

Do remember that all breaks do not count as part of your working week, whether you are paid them or not. And as jazzyman01 says the worked hours need to be averaged so don't go storming out of the place once you hit 48 hours.

HollaHolla84

Yes I am aware of the breaks not being a part of the 48 hour week. The thing is with what they expect me to do, it is almost certain I will be over 48 hours every week anyway, so do I really have to work 17 weeks to then turn round to them and say "hey I've/you have been breaking the law for the last 4 months because I haven't signed an opt out form"

jazzyman01

You could tell them that the current hours proposed would take you over 48 hours per week and you have not opted out of the 48 hour restrictions now.

Other than that - yes you will have to show that you have worked more than 48 hours per week averaged over the 17 weeks.

juliescot

How many breaks do you get in a day?
What will be your working hours, including breaks for the foreseeable future?

ceridwen

jazzyman01 wrote: »

You could tell them that the current hours proposed would take you over 48 hours per week and you have not opted out of the 48 hour restrictions now.

Other than that - yes you will have to show that you have worked more than 48 hours per week averaged over the 17 weeks.

Personally - I would give them a suitably-worded letter (copy kept of course) and with a copy noted for info. of your Union Rep. stating that it appears likely that you will be consistently working more than 48 hours per week as things stand at present and that you have not signed an opt-out from the max. 48 hour workweek and do not wish to do so - from this it will be necessary for this proposed new arrangement to be withdrawn in order to prevent you inadvertently contravening the Working Time Regulations (ie you have told them in polite language that you dont intend to do more than that 48 hour average max). Hopefully no "smart alec" member of management will come back to you and say "your letter says you dont WISH to work more than 48 hours - does that mean you dont WANT to, but will if we order you to?". They should take that letter for what it is:

- ie you are saying to them "I know my rights and you cant make me work more than that 48 hour average" - but you've phrased it in a polite and non-provocative way. if a "smart alec" comes back trying to misinterpret what you said because you put it politely - at that point you tell them verbally "I know my rights and that you cant make me do more than that 48 hour average. I won't be signing any opt-out." and walk away and get on with some work....

Zazen999

I wouldn't do that - I's collect data and have a discussion in a couple of weeks; and if that doesn't bear fruit - then write a letter.

Don't forget - as soon as you put pen to paper you are making it formal.