12 hours/Working Time Directive

castle96

Our 9 hr day has been increase to 10 and now to 12 “for the foreseeable future and in line with your contract“. I have not signed an opt-out under the Working Time Directive. My contract does not mention the ‘normal’ phrase of working “as and when required….”

It is a Warehouse National Distribution Centre.

Contract includes the following…

　

“we operate an annualised hours system…your salary requires you to work 2340 hrs pa, an ave. of 45 hrs p/wk. The work of any day will determine the length of the day worked. It is not permissible to refuse to work beyond 2340 hrs if this level is reached before the end of the year”

“the length of any one shift will not exceed 12 hrs”

Any hours over/under are credited/debited to the AH system and paid out, but not deducted. Days off will be given.

If overtime was paid, it would lessen the pain of 12 hrs a day, but an enforced day off, when you do want/need it, is not worth having.

DO I have to sign an opt out of the WTD in order to be forced to work 12 hrs a day ? There is no union in place. We have not been given anything in writing, just a briefing.

Any thoughts please. Thanks

PasturesNew

Based on the hours/week, is it that they are now suggesting a 4-day working week?

ohreally

castle96 wrote: »

There is no union in place.

Now is the time to address this, perhaps using the issue as an organising one.

Join union, see consultative agreement implemented and leave to tu officers to deal with.

getmore4less

Opting out of the WTD is only relevant if you start working more than 48hr pw averaged over 17weeks.

12 hours shifts are irrelevant.

You should get at least 1 20min break

ableandy

You can still join a Union even if your company does not recognise one. They can represent you and advise you. Find the best one relevant to your line of work.

As for the working time directive "getmore4less" is correct it has no relevance until you work more than 48 hours per week. However, by not opting out then you cannot work ore than 48 hours per week on average.

Also as questioned earlier, how many days a week are you working? You must have 1 day off in 7 or 2 days off in 14, there is no opt out for this and it is not measured over a reference period.

castle96

5 day Mon-Fri working has always been the norm
was 5 x 9 = 45
then 5 x 10 = 50
now (Tues) 5 x 12 = 60
they do push for the odd sat or sun as well.
As we will just be starting 12 hr days now ("we may let you go early if the work is finished" - unlikely !), how does the 17 week thing work. Do we have no case until after 17 weeks ?
I repeat that I have not opted out of the WTD, but have signed a contract as above.

amiehall

You can't be made to consistently work a 60 hour week without opting out of WTD. You also can't be forced to opt out.

Depending on roughly how much you're paid, it may well be the case that, with 15 hours unpaid overtime per week, your wage drops below NMW for hours worked?

If this has just started, then your average over the last 17 weeks (reference period) will still be under 48 hours so they haven't broken the rules under WTD. You can't take any action on this under WTD until your average hours over the last 17 weeks climb to over 48.

Honestly, if I were you, I'd be seeking other work as this does not sound like a reasonable employer.

castle96

50 hrs for the last 16 weeks and 60 hours for 1 (next week), would ? exceed the 48 hrs average though.......

amiehall

castle96 wrote: »

50 hrs for the last 16 weeks and 60 hours for 1 (next week), would ? exceed the 48 hrs average though.......

Yes it would. Sorry I didn't realise that had been what's happened.

agrinnall

amiehall wrote: »

Yes it would. Sorry I didn't realise that had been what's happened.

Don't apologise, how could you know, it was never mentioned until the OP added it to the drip feed of information?

Takeaway_Addict

how long you worked there?