New job offer - Contract and maximum working hours

[GulDukat]

Hi,

I have received a job offer which is great apart from something in the contract about working hours which worries me a little.

Basically the contract states that when required to work outside normal hours (9 to 5) I agree that this may involve doing greater than 48 hrs in a week.

It then states that if I wish to not work more than 48 hours that I have to provide the company with 3 months notice.

I've checked the law on this (https://www.gov.uk/maximum-weekly-wo...hours/overview) and it says that you have to give an employer notice if you want to opt out of the 48 hour working week limit.

Therefore the contract actually opts you out by default, and states that you must give notice to opt back in. Is this normal? I would never have expected any contract to say I'm prepared to work MORE than 48 hours a week by default. That's like working even greater hours than 9am to 8pm every day of the week, and I cannot think of circumstances whereby this would be necessary in my profession - which I've been in for some 14 years now.

Has anyone else seen anything else like this almost inverse version of the opt-out rule?

Thanks in advance!

[labman]

Re: New job offer - Contract and maximum working hours

Do you mind my asking what your profession is?

I haven't come across it, but I know an awful lot of people who work more than 48 hour weeks. Incidentally, if you were to work 9am - 8pm 7 days a week, you'd be working 77 hour weeks. :beagle:

[teaboy2]

Re: New job offer - Contract and maximum working hours

No its not normal for the opt-out to the maximum 48 hours per week to be included in the contracted, meaning it is being forced on you. Usually the Opt-out is provided to sign separately and therefore your given the choice.

I would suggest that you contact the employer and state what your concerns are in a informal and friendly manner, asking for a contract with said terms removed as you have no intention to agree to opt-out of the maximum 48 hours week - I believe forcing this on you in the contract itself may be a breach of your statutory employment rights and could lead a breach of section 45 employment rights act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/section/45A) depending on how the employer reacts to your request that said term be removed from the contract. As you have the right not to suffer detriment for standing up for your employment rights - Detriment in this case would be if they withdrew the offer of employment. Which in my view they can not as you already have a contract of employment with them (see next paragraph from explanation of this).

Reason i say you already have a contract of employment is because your contract starts from the date they verbally offer you the job, not the date you start work or the date you sign the written statement of particulars (which is more commonly known as, though wrongly, as written contract of employment) - Therefore if they withdrew the offer of employment in light of your requesting the offending term be removed, then they are actually dismissing you in breach of section 45a giving you grounds to make a claim against them at tribunal - Though the question is, would it be worth it. No not really, as it is a lot of hassle and stress involved in tribunal claims, and when considering what you said about it being unlikely, from your 14 years of experience in the industry, for there to be any need for you to work more than 48 hours per week. then maybe if they refuse to remove the term, that you should put a note under said offending term stating you do not agree to said term and choose to not to opt out of the maximum 48 hour week, signed with your initials and dated, and then sign the contract. Make sure you get a photo copy of you entire signed contract before giving it back to the employer.

This then will mean you have enacted your right to not opt-out, and there will be nothing they can do about it, as any tribunal worth their salt would rule such term in a contract of employment forcing the opt-out on an employee by default as void in any case. Or you could just sign the contract as is, and hand in your 3 month notice along with the contract.

Let us know how you get on.

[charitynjw]

Re: New job offer - Contract and maximum working hours

Also https://www.gov.uk/maximum-weekly-wo...hours/overview