Please help re: working directive

Laurendent

Hi I was wondering if anyone can help please. I am currently employed by the NHS as a zero hour locate worker. I started originally as permanent then asked to go on to locate after 3 months as I was attending university. I have taken a break from studies for almost a year and am desperate to do as many shifts as possible before I go back. I have worked here now nearly 3 years and for the past 2 I have been enquiring about opting out of the working time directive but I have just been told no, I'm not allowed as the deputy manager says. I thought I had a legal right to opt out if I wish as I have now done some research. However I don't want to create a problem if I am incorrect. There are lots of shifts available for me and they are very short staffed so I don't understand why they wouldn't want me to. Am I able to just write a letter saying that I am opting out or do they have to agree with it ? Any help would be greatly appreciated, thankyou !!

CKhalvashi

Unless you're in a specific category of work you have the right to opt out.

You don't have a right to work over 48 hours a week though unless agreed with a manager.

sangie595

You can't opt out of something you aren't opted in to in the first place. The working time directive does not apply to workers, only to employees. You are on a zero hours contract, and therefore not an employee.

That said, as observed, having the right to work silly hours is not the same thing as being able to force an employer to give you silly hours. The employer is under no obligation to offer you more work just because you want it, whether the work is available or not.

Laurendent

I didn't sign anything extra to be on locate I just had to write a letter about not being permanent does that make a difference ? But yea I completely understand that I won't automatically get extra shifts but the team leaders are desperate for more shifts to be covered and there is lots of work available. Just want to be able to work a few more shifts than 48 even though I think it's capped at 60

sangie595

Laurendent wrote: »

I didn't sign anything extra to be on locate I just had to write a letter about not being permanent does that make a difference ? But yea I completely understand that I won't automatically get extra shifts but the team leaders are desperate for more shifts to be covered and there is lots of work available. Just want to be able to work a few more shifts than 48 even though I think it's capped at 60

It makes no difference.

Sncjw

They are probably saying no because they don't want you to burn out. If you burn out then that's less staff also they will want people to get enough rest so they don't make mistakes espically when it comes to patients . Do you want someone's care o be affected

getmore4less

The regulations do not put a 48hr limit on a week.

the base regulation is an average of 48hr per week over 17 week reference period.

Employers can make up any rule they like for the reference period from 1 to 52 weeks with a relevant workplace agreement.


Like to a reverence where the WTR only applies to employees as it refers to workers throughout and is the basis on which all workers are entitled to holiday pay.

sangie595

getmore4less wrote: »

Like to a reverence where the WTR only applies to employees as it refers to workers throughout and is the basis on which all workers are entitled to holiday pay.

No, it isn't. You need to look to your history of case law. The entitlement to holiday pay, which is one aspect of the regulations, was established by case law. There is a fundamental difference between employees and workers. Employees are required to work the hours that an employer dictates as part of their contractual terms, and the 48 hour rule operates as a brake on employers. Workers are not required to work any hours - one of the fundamentally tests of the zero hours contract is the ability to choose ones hours, and to refuse to work if one so desires. The other end of the spectrum is that one may choose asto accept many hours as one wishes. Until the law changes that position - which I actually think it should - a worker is entitled to accept whatever hours are offered to them. Or not.