ok to sign Working Time Directive form?

zzzLazyDaisy

The issue of whether they can change your contractual hours is decided by your statement of particulars of employment (your contract). It should state specifically what your hours are. It may also state that hours can be varied or changed to suit the needs of the business, or it may state that over-time is compulsory. I am guessing, only you know what is in your contract.

If your contract states a fixed 40 hr week with no variation clause, then any change would first be the subject of consultation (with the union of the company recognises a union, otherwise with appointed staff representatives, or if the workforce is small, directly with the workforce).

However, I doubt that signing the opt-out will have any significant impact on that, because you always have the right to opt back in (and so keep your total hours including O/T to 48hrs) and it seems you have negotiated a very short notice period for doing this. Also, as another poster has pointed out, even without you signing the opt-out they could increase your hours to 48hrs under the WTR and they haven't done that. I suspect it is more to do with the inconvenience of monitoring and paperwork for those who haven't signed the opt-out. Also, although is would be unlawful to discriminate against any employee purely on the basis that you have refused to sign, if you are refusing to work more than 8 hours over-time a week (which is the effect of refusing to sign the opt-out) it is inevitable that O/T will go to those who want to work the longer hours.

The sentence that says 'I have had all implications explained to me' means just that. ie - that you have been told that by signing you can be legally required to work more than the WTR48 hrs (tho this does not over-rule whatever is in your contract about over-time) and also that you are entitled to opt back in on giving the agreed notice (which you need to get in writing).

I understand why you might be concerned about signing something that you don't really understand, but I have always signed an opt out when I was working (as a lawyer travelling up and down the country to visit clients and appear in court, it would be impossible to limit my week to 48hrs). It is fairly normal in a lot of professions and industries, and the important thing is that in law, you cannot sign away your right to opt back in, and reclaim the 48hr limit to the working week, if you so wish.

bob_dob

Thank you so much for that full and very helpful answer zzzlazydaisy, you have put my mind at rest. I appreciate that very much.

bob_dob

ok, just an update that i'd love an answer too-
The Manager has apparently just gone around everyone in the factory who hasn't signed the form and told them they are all banned from overtime from now on.
He also mentioned that we are close to having to put on another shift as we are so busy.......i think this adds to the suspicion that everyone has about the threat of changing the working hours/shift without any notice.
In answer to your point about my contract, im noy 100% sure but im fairly sure it stated that it was just the 40 hours with no potential to change.

Please can i verify that if that is the case then they cannot change our hours to a shift system without a consultation process?

getmore4less

They are busy so they take on more people and cut everyones overtime.

Workload drops

Guess who will be redundant.

bob_dob

I've signed!

bob_dob

bob_dob wrote: »

ok, just an update that i'd love an answer too-
The Manager has apparently just gone around everyone in the factory who hasn't signed the form and told them they are all banned from overtime from now on.


Please can i verify that if that is the case then they cannot change our hours to a shift system without a consultation process?

Both legal then?

getmore4less

bob_dob wrote: »

ok, just an update that i'd love an answer too-
The Manager has apparently just gone around everyone in the factory who hasn't signed the form and told them they are all banned from overtime from now on.
He also mentioned that we are close to having to put on another shift as we are so busy.......i think this adds to the suspicion that everyone has about the threat of changing the working hours/shift without any notice.
In answer to your point about my contract, im noy 100% sure but im fairly sure it stated that it was just the 40 hours with no potential to change.

Please can i verify that if that is the case then they cannot change our hours to a shift system without a consultation process?

Banning overtime probably OK but in practice they still need work doing and sooner or later someone that has ot signed will be needed to do extra.

Changes to contract etc should still go through process but by manipulating the overtime thay can probably achieve the same.


All your issues seem to related to what they might do but most seem to want the overtime anyway.

More contractual hours become eligable for holiday pay where as current OT may not.

bob_dob

Here's an interesting update:
The manager has decided that any worker who hasn't signed the opt-out form is not allowed to do ANY overtime.
Even the emplyees (who haven't signed) who have never ever worked over the 8 hours per week have been told they are banned from overtime.
So basically the rule which says that any employees refusing (exercising their right not to sign) to sign the opt-out should not be punished or discriminated against is a waste of time?

bob_dob

Hello, anyone?

getmore4less

Is this in writing?

So all those that signed get the overtime, those that did not loose up to potentialy 8 hours worth.

Keeps the paperwork simple.

Do they have enough to cover the overtime and holidays etc.