Can she refuse to work over 48 hours?

[King Mustard]

My 21-year-old partner is from an EU country and paid money to go a short course that gives you hospitality training etc. They also find her work afterward, but it's not "work experience", they just find her the work for when the course ends. She started last week, as a waitress in a hotel.

She works 10 hours per day, 6 times per week.

Can she legally refuse to work over 48 hours, or is that number just a guide?

So far, she has not been asked to sign anything (work contract, 48-hour opt-in etc.)

[Eloise01]

Re: Can she refuse to work over 48 hours?

Yes she can refuse to work over 48 hours per week. On the other hand, long hours are common in the hospitality trade. And she requires two years employment to be able to claim unfair dismissal. So shortly after she refuses to work the hours, I suspect that she will be without employment. Not fair - but also not per se unlawful unless she can prove the dismissal is for exercising her right not to work more than 48 hours.

[bluebottle]

Re: Can she refuse to work over 48 hours?

How about if she has an accident through tiredness, working excessive hours? Would that come under health and safety legislation? My understanding is that the WTR were brought in to prevent that sort of thing happening.

[Eloise01]

Re: Can she refuse to work over 48 hours?

How about if she has an accident through tiredness, working excessive hours? Would that come under health and safety legislation? My understanding is that the WTR were brought in to prevent that sort of thing happening.

She would have to prove it - and that would be almost impossible to do. Plenty of people work 60 hour weeks. There is no liability or negligence in providing someone with 60 hours of work. I am not defending that - personally I think it is wrong and that there should be a maximum number of hours anyone is allowed to work. But that is opinion and not law. Provided the employer complies with the entire of the Working Time Regulations, particularly those relating to rest periods, then there is no technical maximum number of hours of work. "Excessive" is an opinion - not a legal definition.