Working Time

[Joba123]

Hi all,

I am keen to see if there is a EU law that superseeds the UK employment act 1998. With regards to working hours.

My current employer request every employee to opt out under the UK employment act prior to starting. This means that there is a requirement to work a full 37 hour week and then expected to be on call when ever there are issues.

[Amethyst]

Re: Working Time

Your employer can ask you to opt out of the working time directive, but you can’t be sacked or treated unfairly for refusing to do so.

You can opt out for a certain period or indefinitely. It must be voluntary and in writing.

( Gov.uk )

What industry do you work in? ( as there are some where you can't opt out - eg driving )

WTD is 48 hours ( on average), how much on call time are you expected to do ?

( 2010 UK judgment http://www.employmentcasesupdate.co.....aspx?i=ed6210 only had a quick look though till we know a bit more about your specific issue )

CAB

"On-call" workers
If your job requires you to be "on call" these hours count as time at work.
Being on call generally means that you have to be at a place decided by your employer. This might mean you have to be at your workplace, stay within a certain distance of your workplace or stay at home.
If your employer says that you have to stay in a certain place when you are on call, then all the hours you are on call will count as time at work. This is still the case even if you're allowed to sleep when you're on call.
If you don't have to stay within a certain place then your time on call doesn't count as working time until you actually start work.

Can you work more than 48 hours a week if you want to?
You can work more than 48 hours a week if you choose, but your employer must not pressurize you into agreeing to this. If you choose to work more than 48 hours, you must tell your employer in writing. Your employer must keep a
record to show that you have agreed to do this.