Working time regulations

Is it normal for a contract of employment to say that by signing the contract of employment you will be opting out of the working time regulations? I thought you had to opt out separately? 
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Comments

  • It's normal in many private sector organisations but questionable in terms of enforceability. That being said, working time regs are holier than the pope with more get-outs than a colander. 
  • Ybe
    Ybe Posts: 274 Forumite
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    It's normal in many private sector organisations but questionable in terms of enforceability. That being said, working time regs are holier than the pope with more get-outs than a colander. 
    How do you mean? 
  • luvmse
    luvmse Posts: 9 Forumite
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    You can cancel your opt out agreement at anytime, even if it is in a contract. For example you could start the job, sign the opt out and in a few months reverse your decision, legally.

    The law says you can't be sacked or treated unfairly for doing so, but unfortunately in the real world, zero hour contracts etc it is often not that straight forward.
  • elsien
    elsien Posts: 32,690 Forumite
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    Ybe said:
    Is it normal for a contract of employment to say that by signing the contract of employment you will be opting out of the working time regulations? I thought you had to opt out separately? 
    My contract says that. I have no idea why because my organisation has no intention of ever letting me do that amount of hours even if I wanted to. Which I don’t.

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
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    edited 10 March 2023 at 10:38AM
    It's normal in many private sector organisations but questionable in terms of enforceability. That being said, working time regs are holier than the pope with more get-outs than a colander. 
    Hi

    They often do that in the food sector firms where they work long hours often on min wages and I recall someone telling me this many years ago when it first became the rule/directive re working hours as per EU laws. I think its enforceable if you sign it, otherwise what was the point

    Thos that wrongly assume they will never be affected need to think again. They may not be affected becuse of the type of work they do but try workig in a food factory, care home and I guess a few other places and see what they have to say.

    Thnaks

    EDIT

    from the horses mouth

    https://www.gov.uk/maximum-weekly-working-hours#:~:text=You cannot work more than,or 40 hours a week.
  • JCS1
    JCS1 Posts: 5,288 Forumite
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    It's normal in many private sector organisations but questionable in terms of enforceability. That being said, working time regs are holier than the pope with more get-outs than a colander. 
    Hi

    They often do that in the food sector firms where they work long hours often on min wages and I recall someone telling me this many years ago when it first became the rule/directive re working hours as per EU laws. I think its enforceable if you sign it, otherwise what was the point

    Thos that wrongly assume they will never be affected need to think again. They may not be affected becuse of the type of work they do but try workig in a food factory, care home and I guess a few other places and see what they have to say.

    Thnaks

    EDIT

    from the horses mouth

    https://www.gov.uk/maximum-weekly-working-hours#:~:text=You cannot work more than,or 40 hours a week.
    It's an average over 17 weeks, not a weekly limit
  • General_Grant
    General_Grant Posts: 4,834 Forumite
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    It's normal in many private sector organisations but questionable in terms of enforceability. That being said, working time regs are holier than the pope with more get-outs than a colander. 
    Hi

    They often do that in the food sector firms where they work long hours often on min wages and I recall someone telling me this many years ago when it first became the rule/directive re working hours as per EU laws. I think its enforceable if you sign it, otherwise what was the point

    Thos that wrongly assume they will never be affected need to think again. They may not be affected becuse of the type of work they do but try workig in a food factory, care home and I guess a few other places and see what they have to say.

    Thnaks

    EDIT

    from the horses mouth

    https://www.gov.uk/maximum-weekly-working-hours#:~:text=You cannot work more than,or 40 hours a week.
    I have not followed the link but if that is supposed to be about normal jobs, the maximum is (average) 48 hours not 40 which is mentioned in the name of the link you provide.
  • Alderbank
    Alderbank Posts: 2,814 Forumite
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    The actual text from the horse's mouth is
    If you’re under 18, you cannot work more than 8 hours a day or 40 hours a week.
    diystarter7 has removed some of the words. That alters the meaning significantly

  • Ybe
    Ybe Posts: 274 Forumite
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    So if you decide to opt in, could the employer find ways to manage you out of the organisation as an unfavourable employee? 
  • YBR
    YBR Posts: 548 Forumite
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    JCS1 said:

    It's an average over 17 weeks, not a weekly limit
    If I recall correctly, it's an average over A MINIMUM of 17 weeks. A previous employer averaged over a year, generally.

    Having said that, I now work in a safety critical engineering role that manages fatigue tightly keeping track of [Max shift lengh inc travelling; time off between shifts; shift hours in a week; shifts in 14 days; shifts in 28 days; HSE fatigue & risk index].
    We sign out of working hours directive as it's one more thing to track, and not the most restrictive.
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