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Until such time as UK employment law changes, the EU Work Time Directive is still in force. This limits you to working 48 hours per week (except for certain occupations) unless you have agreed to an opt-out. In addition, if this "overtime" is not being paid for, you need to check to see if the extra hours would take you below the NMW.

 

For more information on the EU.WTD, see: https://www.gov.uk/maximum-weekly-working-hours/overview

For enforcement, contact the HSE: http://www.hse.gov.uk/contact/faqs/workingtimedirective.htm

 

One question: Are you in a union ?

 

I work as a 2 man crew and im pretty certain the 14 hour days has fallen below minimum wage for the hours we have been doing, im a on a pay per job contract and averaging £100 a day its easy money and its little things like traveling between jobs stupid distances which is keeping me and my collegue out until late

 

I dont even want to work over time and hate it how this man expects me to put this job before my family it wont happen he claims i opted out of the 48 hour week but cannot remember signing it for this company so we will see if he recovers this document

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Even IF you signed an agreement to opt out of the Working Time Regulations, any employee can opt back in simply by stating in writing that they no longer wish to work more than 48 hours a week. You only need to give a week's notice or a period of notice of up to three months if this clause was in your original agreement to opt out.

 

The employer cannot dismiss you or treat you unfavourably if you exercise this right.

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

 

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  • 4 weeks later...

Hi

 

Need some help writing a letter to my employer regarding the 48 hour working limit they have claimed i opted out of the 48 hour week therefore i should remain doing stupid hours per day which i no longer wish to do, So if i have opted out of the 48 hour week i wish to opt back in as ive seriously had enough.

 

They are also now threatning us with a straight written warning if i dont turn in for monday overtime even though i told him 6 weeks ago i cant do it due to school holidays and after 5 weeks they still have not sorted my £200 wage query they owe me.

 

Id be grateful if someone could help me with a template to give to them

 

Few Questions

 

Can they refuse to let me opt back in to it

 

Can they sack me if i refuse to work after 6pm and how long do i have to wait until i can clock off after 48 hours

 

Can they disapline me for not working overtime as i cant afford another day of childcare and they also owe me money so theres another reason why im refusing

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Your original opt-out could only have been in writing so the employer should be able to produce it, and this may be necessary if there is an agreed notice period for you to opt back in.

 

If the opt-out cannot be produced however then you need to give 7 days notice in writing - and a simple few lines is all that is required

Dear Sir,

 

In line with my rights under the Working Time Regulations (1998), please accept this letter as being the required seven day notice period required for me to opt back into the 48 hour maximum working week

 

I would be grateful if you could advise me as soon as possible of any change to my shifts which will be required to ensure that my working hours are kept to my contracted hours only

 

Yours faithfully

 

 

Anything along those lines would suffice

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!

 

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