Forced hours change. Opt out WTR

[Anon2024]

Good evening everyone

I didn't want to post a name as I work for a huge company. So will try to be vague about the business but include the necessary information, I will be happy to answer any questions to help you help me. Apart from who do you work for lol.

My contracted hours are 38.5 with a clause that lets them change those hours to suit their needs as it is a seasonal business.

I am a mobile salesman with no fixed base and drive a company car, therefore my understanding is my working time is calculated from when I drive that vehicle to my 1st appointment.

I have an opt out agreement for the working time directive which is blank but essentially I work 25 calls a week, 5 a day with 2hr slots, this allows 90mins for the appointment and 30mins drive to the next. They are set out as follows.

9 to 11
11 to 1
1 to 3
3 to 5
5 to 7

So essentially I'm at the businesses disposal for 50hrs a week not including drive time to and from each day so the true figure will be between 55 to 60hrs a week.

They are trying to forcefully reduce my summer hours to 56 and increase my winter hours to 64 saying that they can do this via the clause in the contract.

I've currently refused to partake until I can be shown how this is possible which they are yet to produce.

My understanding which I've explained to them is you could change the base non opted out hours so to speak from 38 to 34 in the summer and increase winter to 42 from 38... however... I'm opted out so I do more that those winter hours anyway.

Am I wrong or is my employer wrong, or option c do you need more information.

I thank you for taking the time to read. I anticipate your responses.

[Anon2024]

I should probably add so the new proposal would mean that in the autumn and winter periods id be available to work from 7am to 7pm for 2 days a week with travel to and from lol so essentially 2 x 14 hour shifts followed by 3 x 12hr shifts. Eeekk

[ULA]

I can confirm that as you do not have a fixed place of work, the time spent travelling from your home to your first appointment and from the last appointment back home is treated as working time.

Sorry can you just confirm that you have opted out of the WTR so therefore agree to work more than 48 hours on average over a 17 week reference period?