Working time regulations 6 March at 3:08PM in Employment, jobseeking & training 14 replies 659 views

Ybe

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? 

TheSpiddalKid

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

TheSpiddalKid said:

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

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

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.

diystarter7

TheSpiddalKid said:

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

diystarter7 said:

TheSpiddalKid said:

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

diystarter7 said:

TheSpiddalKid said:

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

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

So if you decide to opt in, could the employer find ways to manage you out of the organisation as an unfavourable employee? 

YBR

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.