Working time regulations - employer requested opt out

ben1977

When I joined my employer they asked me to sign a form opting out of the 48 hour working week rules. When I questioned this they said it was not because they wanted me to work more than this but because it saved them having to install monitoring equipment, i.e in/out swipe card system (oddly they already have an Excel timesheet for each of us with weeks turning black if we exceed 48 hours - management dont seem to check this).

Can anyone confirm this requirement to add monitoring equipment is true, or whether they have lied so as to remove my right to complain or enforce less than 48 hours?

I have recently been averaging above 48 hours. I know I can withdraw my opt out with a weeks notice if I wish, so wondering of the true impact on the company if I do this.

Thanks in advance

Ben

agrinnall

I've never opted out of the WTRs and I've never had any type of swipe system to monitor my timekeeping, it's either been recorded on a manual timesheet or not done at all. I think they are having you on.

mcfisco

They have to monitor your hours to ensure they stay within the WTD
They don't have to use electronic systems though, a man with a well licked pencil would do.
It makes sense what they've said, whether or not it's the whole truth is another matter

getmore4less

ben1977 wrote: »

I have recently been averaging above 48 hours. I know I can withdraw my opt out with a weeks notice if I wish, so wondering of the true impact on the company if I do this.

Thanks in advance

Ben

Check what you signed

anamenottaken

When the WTRs were first introduced it was necessary for employers to be able to prove that they were complying in respect of the average 48-hour requirement.

Nowadays I believe it would be more that someone who believes their rights have been breached to prove it.

There was never a requirement for electronic swipe cards - back in 1998 they would have been very rare.