Employment contract advice needed

gooner14 wrote: »

I was wondering if someone could help me with a little advice, i started a new job 5 months ago and still have a few weeks left of my probation period, the job itself does require some travelling which i was aware of, during the interview i was told that i would be doing around 300 miles per week maximum, since then on average im doing double and sometimes treble that, all are unpaid, so there are times i can be working 12 hours plus a day 5 days a week, i have mentioned this to my boss who has fobbed me off with a thats life attitude, i have read through my contract and i signed an opt out agreement for not working more than 40 hours per week, from what i have researched i can cancel this opt out, but leaglly is the travelling counted as part of my working hours? also what other steps can i take to try and reduce the hours and travelling im basically being forced to do, i really love the job but feel im being pushed too far, thanks in advance for any advice.

HI

In general if a worker is travelling during work time because it is required by the job, this travel time will count as working time. Howver this is not the only issue to be considered. Rules about the 48 hour working week ( which I note you say that you have opted out of at present ) have to be considered.

The 48 hours a week limit does not mean that a worker can never work more than 48 hours in one week. It is the worker's average working week which should not exceed 48 hours. A worker's average working week is calculated over a period of 17 weeks, although although this can be extended in certain situations. The relevant 17 weeks are calculated on a rolling basis so that they are generally the weeks immediately before the current date, unless a different period is agreed between the employer and the worker. This 17-week period is called the reference period.

I note that you say your probation period is due to come to an end shortly - this would be a good time to raise this issue with your employer perhaps on a more formal basis. You can opt back into the max working week rules but if the issue cannot be resolved by negotiation and the working time rules are being breached you will need to visit your local CAB to get advice on what further legal steps are possible assuming you want to remain in the job.

The following helpline can also clarify the issues for you : Pay and Work Rights Helpline
Tel: 0800 917 2368