opt out 48 hr week is it still enforcable??

[scott2310]

Hey

When i started this job I think I may of opted out of that maximum 48 hour working week and I'm wondering if its because of that I'm contractually obliged to work more.

I have a 30 hour contract, with no specific overtime clauses, with all it states is "due to the nature of business there is no specific working hours". This my employers have taken and love to quote it as there is no end time, you finish when we say!! And when I challenge it they say I shouldn't of taken a job here. Anyway I have a 30 hr contract and rota is 49 hrs and we are continually working 49+ hours a week. I only took the job as its less hours then my last and need to spend more time with my family etc.

Now this week I've worked 42 hours within 4 working days and still have another 2 days left. Now due to there lack of respect in regards to telling us how long we will be forced to work, they keep me there even though I tell them I need to go ( but I've still put in 4 hrs overtime at this point) and they tell me i cant, and force me to stay as although I have things to di I'm not the kind of person to just sneek of. ...... Many co workers do though with no punishment or warnings, yet the people who turn up and work get the punishment which I thinks unfair.

So can I say I'm not working more then 48hrs even though I may of opted out during the induction, where i was made to feel pressured with them looking at everything we right etc or am I legally obliged to say no I'm not working more hours? As I know if I'm sacked due to it I can go tribunal but it only states if I opted out. No HR will look into it for me either

Please help!

[leclerc]

Re: opt out 48 hr week is it still enforcable??

You can opt back into the working time regulations by writing to your employee and stating that you no longer wish to work more than 48 hours per week and you can ask them to acknowledge in writing that they have received this.

[scott2310]

Re: opt out 48 hr week is it still enforcable??

But in the mean time am I contractually obliged to work over 48hrs. I. My contract it don't say anything about it

[mystery1]

Re: opt out 48 hr week is it still enforcable??

I have a 30 hour contract, with no specific overtime clauses, with all it states is "due to the nature of business there is no specific working hours"

No specific working hours i would take to mean that you may be asked to work at different time as nothing is set. I would say, based on the limited info we have, that you'd be well within your rights to work 30 hours and then stop.

I would also add however, that in many companies, standing up to them is the beginning of the end of your employment or at the very least the start of a campaign which may make you very uncomfortable. If you proceed to stand up to them, keep a diary and gather as much evidence as possible as you might need it. If you are under 2 years service they might chop you and there isn't much you can do.

M1

[scott2310]

Re: opt out 48 hr week is it still enforcable??

Yh I know it will be the start of a campaign, its already starting cos I'm standing up to them. I would say though that I would be able to take them to tribunal I think as it started with mlthem finding out my political views and in a warehouse like this the people I vote for are deemed not the right way .... Plus I feel I'm discriminated against as I have a family too and only took the 30hrs so I can spend more time away from work but they seem to think that having a work/life balance is not the company's way and have told me I shouldn't of taken the job if I fmdont want to do unlimited hours. I don't think its fair really, that I do all the hours mostly that they want but don't understand my family is just as important as my job. 162 hours last month and already this month I've done 42 hrs with another two shifts to go ... But thanks for your comments