Opting out working time directive with no TOIL

[Dca123]

Received an employment contract which specifically state no to time off in lieu and also ask for working time directive opt out. How does this will work for permanent job in UK? Does this mean I can be asked any hours without any extra pay or time off?

[ULA]

Can you post of the clause from your contract that sets this our please?

[Dca123]

*You will be required to work during xxx UK’s normal working hours. You may also be required to work additional hours, including hours at weekends or during public holidays, whenever this is reasonably necessary to carry out your duties. This has already been taken into account in determining your Basic Salary and benefits and (with the exception of any formal overtime offered to you on an ad hoc basis) you will not be entitled to time off in lieu and/or extra pay if you work additional hours.*

[ULA]

So this clause is setting out that you may be required to work extra hours over and above your contractual working hours and that, unless you are specifically offered overtime, the hours will be unpaid and not eligible for time off in lieu. Not the first time I have seen clauses like this.

The WTR and a 48 hour working week, is based on the working time averaged over a rolling 17 week period which should not exceeding 48 hours per week. Additionally if a company wants you to opt out of this you need to agree to this in writing. Unless there is a a statement to this effect in the employment contract along the lines of "By signing this contract you agree to opt out of the 48 hour WTR" then my view is that the rules of the 48 hour working week and how it is measured will apply.

If you want certainty on this, then I suggest you check with whoever sent you the employment contract to sign.

[Dca123]

Thanks for the clarity, so WTR optout along this no TOIL clause on contract effectively enabling the employer to ask for any hours on the top of contractual hours as they feel required for business? Without the WTR optout, this will be max 48 hours per week based 17 previous week, is that also a correct understanding?

[ULA]

Yes unless you have agreed to opt out of the 48 hour WTR either by their being a specific clause in the employment contract or by way of a separate letter/document then your working hours should be based on a max 48 hours per week based on an average over a rolling 17 week period.