Working Time Directive

[AlwaysConfused]

I have been pulled up at work today for working more than 48 hours per week over a 17 week period. I have checked the Gov.Uk webite which states 'Workers 18 or over who want to work more than 48 hours a week, can choose to opt out of the 48-hour limit. This could be for a certain period or indefinitely. It must be voluntary and in writing'.

The large company that I work for does not give it's employees the option to opt out. The personnel manager, who is trying to document me on my hours, doesn't seem to have a clue what she is on about. I have refused to sign the papers stating that I am not allowed to work more than 45 hours per week, else I face disciplinary action for 'breaking the law'.

It doesn't seem right that I face disciplinary action. The majority of the time, it's not my fault that I've put in so many hours. I can find many things online about people that are forced to do too many hours, but not much about my situation.

Are they right in not allowing people to opt out?

[wolf63]

I was a civil servant and we were limited to the 48 hours. There was no opting in or out - they just didn't allow us to go over the 48 hours.

[ubasses]

Yes they can refuse opt out as long as they are fair across the board.
Are you working the full 48 hours as lunch breaks, tea breaks etc are not included in the 48 hours.
This might help, scroll down to penultimate heading and last sentence.
ps://www.rocketlawyer.co.uk/article/how-to-opt-out-staff-from-the-48-hour-week.rl

[Buenchico]

The UK's opt-out from the full provisions of the EU Working Time Directive is due to expire anyway. In all other EU states employees aren't able to opt out from the Regulations; an employer automatically commits a criminal offence if he requires or permits long working hours. That will soon be the case in the UK and your employer is simply preparing for it.

[Old_Geezer]

As a non-expert. I don't see anywhere in your post where you show an employer is obliged to relax the rule. Surely they can impose a no more than rule as part of the job offer ? I guess it all depends on what is in the contract. If it isn't stated in the contract then they are allowed to make some variations but I'm unsure what defines the limits before it isn't the same job. Being told not to work so much doesn't sound to large a change. But as for it being disciplinary action that sound just foolish. It would be your manager's job, surely, to ensure their staff aren't working themselves to a frazzle. Were you given a verbal warning at any time ?

[AlwaysConfused]

OG - unfortunately i have had a few warnings (staying on my file for no more than 3 or 6 months)over the years, but only after internal safe and legal visits. My annoyance is that they don't care about how tired I am for 16 weeks, and if I am genuinely ill I'm expected to work, but get to 17 weeks and it's bang... 'we're worried about your health and wellbeing' (b@!l0cks). I was rather expressive today, which hasn't gone down well. I am planning to question the personnel manager tomorrow why they left it until week 17 to inform me that I am on WTD as all staff that work more than 48 hours in any one week are documented to keep tracks of their hours, so why couldn't they have a quiet work in my ear after 13 weeks or so? Disciplinary action seems rather harsh
Ubasses, I work around 55 hours per week and generally do not take lunch breaks. I always swipe out for my break when I do take one.

Buenchico, I have been going through this dilemma with the company for years. I'm just about fed up of it! It's more stressful watching my hours than doing them. Wolf, were you salaried? If so, it would be a blessing in disguise. I clock in, clock out.

If I told my company I would only work 38 hours per week as per contract, could I legally get a second job at 38 hours? Thank for your answers and sorry for all the questions, need to figure out if I have a leg to stand on when challenge the bosses tomorrow

[scorpiojo]

Could you contact ACAS?

http://m.acas.org.uk/index.aspx?articleid=1373

[ubasses]

If you have a look at that link I gave it also says that any other work has to be taken into account, so no, getting another job as well is not an option.

[AlwaysConfused]

i will definitely contact ACAS, cheers for that scorpio. It's not about the money to me, it's the principle of the thing. My line manager has told me to take it with a pinch of salt and sign the papers, which I am not prepared to do. The personel manager told me it was *insert company name here* law. I laughed, as I said it may be employment law, but the company does not have it's own law (rules, process, procedures maybe, but not law).

[scorpiojo]

Welcome. Good luck :)

[THECORBYLOON]

If you are working fifty-five hours a week and often do not take a break are you not saying you are not capable of doing your job within the expected hours? You say that for the majority of times your hours are outwith your control but what about all the times when they are? You know you regularly work seven hours above the forty - eight so why should a line - manager tell you something you already know and have chosen to ignore even after the warnings?