Working Time Regulation 1998: what does this mean for the workers?

andreauk2009

Hello there,

I came across the following in a job contract and I would like to understand better what this mean.

"The Employee acknowledges that the Employee may be required to work in excess of an average of 48 hours in any period of seven calendar days and shall not be paid for such additional hours or work. The Employee has the option to exclude the provisions of the Working Time Regulations 1998, which the average weekly working hours to 48 hours, by signing the consent form at Appendix 1. In the event the Employee does not wish to exclude such provisions, the Employee shall not work more than 48 hours in any seven-day period."

The first bit is obvious, as company requires 8 hours of work for free if required.
The second bit is obscure. What this Working time regulation 1998 establish? I've tried to read along the doc, but I'm more confused than when I start.

The article says I can decide whether or not accept that regulation. What are the implications of not accepting it?
Is the situation any better without? Perhaps an old regulation come into force?

Many thanks for your answer.

Best
Andrea

mcfisco

andreauk2009 wrote: »

The article says I can decide whether or not accept that regulation. What are the implications of not accepting it?
Is the situation any better without? Perhaps an old regulation come into force?

If you refuse to sign the opt out, the company has to ensure that you don't average more than 48hrs/week.
They can still have you doing more than 48 in any given week [although there's other rules too] but I think they need to keep it averaged over 17 weeks - can't remember exactly
It's an opt out by default, by the sound of it, so you'd need to opt back in.

mariefab

The Employee acknowledges that the Employee may be required to work in excess of an average of 48 hours in any period of seven calendar days and shall not be paid for such additional hours or work.

Your employer may require you to work more than 48 hours in any given week. If/when you do so you will not be paid for any hours worked in excess of the 48.

The Employee has the option to exclude the provisions of the Working Time Regulations 1998, which the average weekly working hours to 48 hours, by signing the consent form at Appendix 1.

The Working Time Regulations state that the maximum working week is 48 hours. However, an employee can opt out of this requirement if they are happy to work more than 48 hours a week by signing an opt-out consent form.

In the event the Employee does not wish to exclude such provisions, the Employee shall not work more than 48 hours in any seven-day period.

If you don't sign an opt-out consent form, you won't work more than 48 hours in any 7 day period.

andreauk2009

Ok thanks.

agrinnall

Sounds an odd clause. Your options are 1) don't accept it, you're covered by the WTR, and you won't be forced to work unpaid overtime; 2) accept it, you get no WTR cover, and you can be forced to work overtime and not get paid for it. I know which of those options I'd be choosing.

andreauk2009

Would you go for the option 1, not signing it? It's very odd. The first time I'm presented with such a clause.