Hours of work.

Farid2024

Dear members my first post.

I have a query regarding my contract dated back 2008 , TUPE transferred from one company to another however the terms does not change. I currently work 40 hours a week and looking request a flexible working to reduce my hours inorder to spent more time with my disabled  child. Before I make a request I was just looking at my old contract dated back 2008 and it says the following

Hours of Work

The call centre is open 24 hours Monday to Sunday and you will be required to work shifts of varying lengths dependent upon the project you are working

on.

You will be notified of the hours that you are required to work prior to the start of each project. If there is no work available or if you do not wish to work on a project you will not be required to attend the office and will not receive any

payment for these periods.

Regulations 4(1) of the Working Time Regulations (the "WTR) provides that a worker's average working time, including overtime, shall not exceed 48 hours for each seven day period (to be averaged over a period of 17 weeks) unless the worker agrees that this Regulation shall not apply to his or her employment. In accordance with Regulation 5 of the WTR you agree that Regulation 4(1) of the WTR shall not apply to your employment with the

Company.

If my flexible request is refused ,  can I any way tell them at my contract does not specify I have to do 40 hours a week.

I would please request some feedback on the above. 

Thank you so much in advance. 

LinLui

You can tell them you don't want to work the hours they offer,  certainly. But equally, if you want to be literal about that clause, they don't have to offer you any hours when you do! But be clear - you would be resigning if you simply refuse work. 

Your flexible working request is not really about the number of hours you are currently contracted to work - it is about asking to limit the hours / way you work. Your focus should be on how many hours you want to work and what days (if that is applicable to you). Explain how that would benefit the employer or fit into their patterns / needs. The better you explain that there are no negatives for the employers business, the more chance you have if having it approved. 

Andy_L

Farid2024 said:

Dear members my first post.

I have a query regarding my contract dated back 2008 , TUPE transferred from one company to another however the terms does not change. I currently work 40 hours a week and looking request a flexible working to reduce my hours inorder to spent more time with my disabled  child. Before I make a request I was just looking at my old contract dated back 2008 and it says the following

Hours of Work

The call centre is open 24 hours Monday to Sunday and you will be required to work shifts of varying lengths dependent upon the project you are working

on.

You will be notified of the hours that you are required to work prior to the start of each project. If there is no work available or if you do not wish to work on a project you will not be required to attend the office and will not receive any

payment for these periods.

Regulations 4(1) of the Working Time Regulations (the "WTR) provides that a worker's average working time, including overtime, shall not exceed 48 hours for each seven day period (to be averaged over a period of 17 weeks) unless the worker agrees that this Regulation shall not apply to his or her employment. In accordance with Regulation 5 of the WTR you agree that Regulation 4(1) of the WTR shall not apply to your employment with the

Company.

If my flexible request is refused ,  can I any way tell them at my contract does not specify I have to do 40 hours a week.

I would please request some feedback on the above. 

Thank you so much in advance. 

not really

you contract seems to say you either work the hours required to do the project or you don't work (and don't get paid) at all