Jump to content


  • Tweets

  • Posts

    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
    • nothing to do with any warranty or guarantee nor T&C's. and nothing to do with where you kept nor used it.   under the Consumer rights act you are entitled for upto 6yrs to have an item that is fit for purpose.   your item has failed within 6mts so under the CRA it is the retailer responsibility to inspect it and have ONE chance to repair it .. no quibble.   sadly as you purchased the item through paypal with your credit card i don't think you have any rights that way under section 75 of the consumer rights act.   @BankFodder will be around AM to help with how to move you forward possibly by a formal letter but safe to say Sweatband.com are taking you for a fool.
    • It is residential. Not long been self employed, and in between been employed.   Everything was set up by dd. BT even let them upgrade the Internet 2 months ago, but did not refuse on basis bill not paid. No letters, nothing and normally would cut you off after not paying for a month.   Yes they should check outgoings, but young couple, and everything by DD.  They obviously realised they made a mistake by halfing it. Just wanted advice really    I would also like to point out they are very financially aware, he earns good money, just didn't spot it wasn't coming out, nothing alerted him to the fact it wasn't 
    • £800 for one year?? what planet are you on?   i will guess this is residential Broadband not a business A/C?   however i do find it a bit strange that a self employer person does know when or not money is going out of your A/C one month maybe, but to not spot 12mts of not seeing a BB bill smacks of poor financial awareness..    
    • As when he served as vice-president, Joe Biden is on an economic rescue mission. View the full article
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

If you opt out of the EU WTD do the rest periods still apply ?


Please note that this topic has not had any new posts for the last 3820 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

When my brother joined his company brother has signed an opt out statement to opt out of the WTD.

The company now has everyone is consultation over working hours, on call, core hours and rest periods.

Does opting out of the WTD mean that you opt out of the right to 11 hrs continuous rest etc, or do these opt outs only apply to the 48 hour average working week ?

 

My understanding is that it is only the 48 hour bit that you opt out of and the stuff covered by The Working Time Regulations 1998 still apply :

  • A rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
    A rest break when the day is longer than six hours
  • A minimum of one rest day per week


  • The statutory right to four weeks holiday


  • Night working must not average out at more than eight hours at a stretch


  • Workers will be entitled to a free health check-up before being employed on night work and at regular intervals thereafter


Can anyone clarify for me please ?

 

 

Thanks in advance.

 

M.

Link to post
Share on other sites

If you opt-out of the 48 hour limit, the other provisions you stated do still apply.

Though, there are so many 'ifs and buts' if you read through the Act, that an employer can all but always get round them.

For example, if he is a 'shift worker' (what does that mean??), he could finish one shift at midnight, then due to a change of shift pattern be required to recommence work at, say, 6am.

The large print giveth, the small print taketh away.

Link to post
Share on other sites

i opted out of the WTD.

my company operate a 24hr operation which means i work a three shift pattern. 0600-1400 1400-2200 2200-0600.

my pattern runs as follows.....7 days on 3 off, 7 days on 4 off. every 3rd weekend is a long weekend off ie friday saturday sunday monday.

overtime can include a 0600 start, and finish at 2200 and then start again at 0600 the next day, or indeed any comblnation of all three.

 

there is nothing that says we have to have an 11hr rest period between shifts.

as i understand, a 10hr rest period is what i opted out of.

 

working 7 days on may sound alien to a lot of people, but, if i was to suggest to the people i represent that we were going back to a 5 day pattern, they would slaughter me. if you think about it, people on a five day week would have to take 10 days leave for two weeks leave, whereas i take 7 days leave for 2 weeks leave.

 

sorry to rattle on.

 

hope this helps,

 

bartymuv.

Link to post
Share on other sites

Workers cannot opt out of rest entitlements. Depending on the nature of the job, breaks can be moved, but the employer must give compensatory rest to make up for the time lost when you would otherwise have had a break.

 

The only way to opt out of rest entitlements is through a collective agreement, not by individual opt-out.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

sidewinder is of course absolutely right.

 

i should have said 'we' opted out as a whole section, not me as an individual.

 

on the other hand, we have opted out of having a meal break during a shift, and for that we get to leave an hour and a half early ie. 1230 instead of 1400. this suits us and of course the business.

there is a tea break incorporated in that period as well, 30 minutes.

 

we love it! lol.

 

bartymuv.

Link to post
Share on other sites
sidewinder is of course absolutely right.

 

i should have said 'we' opted out as a whole section, not me as an individual.

 

on the other hand, we have opted out of having a meal break during a shift, and for that we get to leave an hour and a half early ie. 1230 instead of 1400. this suits us and of course the business.

there is a tea break incorporated in that period as well, 30 minutes.

 

we love it! lol.

 

bartymuv.

 

Collective agreements can sometimes work quite well, but the WTD is an absolute nightmare to administer as there are so many clauses and exceptions. My last job was with a mainly nigh time distribution operation and the introduction of WTD cause serious problems - not to mention loss in income - for some of the staff who had previously worked 7 days a week on straight through shifts from 10pm to 7am.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites
i opted out of the WTD.

my company operate a 24hr operation which means i work a three shift pattern. 0600-1400 1400-2200 2200-0600.

my pattern runs as follows.....7 days on 3 off, 7 days on 4 off. every 3rd weekend is a long weekend off ie friday saturday sunday monday.

overtime can include a 0600 start, and finish at 2200 and then start again at 0600 the next day, or indeed any comblnation of all three.

 

there is nothing that says we have to have an 11hr rest period between shifts.

as i understand, a 10hr rest period is what i opted out of.

 

working 7 days on may sound alien to a lot of people, but, if i was to suggest to the people i represent that we were going back to a 5 day pattern, they would slaughter me. if you think about it, people on a five day week would have to take 10 days leave for two weeks leave, whereas i take 7 days leave for 2 weeks leave.

 

sorry to rattle on.

 

hope this helps,

 

bartymuv.

Hi,

Thanks for that. There is no shift work.

There are "core hours" 7am to 7pm and we are to arrange to cover these hours. Our problem lies in when we are on standby.

We understand "on standby" doesnt count towards the working hours. However, when we are called out the clock starts again.

Our quibble is over the 11hrs continuous rest period afterwards which they company they will allow us, but at " a time that is convenient to the business".

Which means you could be on standy at the weekend, be called out and work say 20 hours over the weekend, finishing say at midnight Sunday, but still be expected at work at 7am if you are covering the early part of the core hours................

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...