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Re: Compulsory overtime
I would say not. The Working Time Regulations (WTR) are there to protect workers in regard to amongst other things maximum weekly working time, patterns of work and holidays, plus the daily and weekly rest periods
Normally most workers don't have to work on average more than 48 hours per week unless they agree to. If a worker agrees to work beyond the 48-hour limit they must put it in writing, this is generally known at an opt-out. Workers have the right to cancel the opt-out agreement, although they must give their employer at least 7 days' notice - a longer period of notice may be agreed by the employer, but it can be no longer than 3 months.
My concern is that if it was not clearly stated in the contract that by signing it your husband was opting out of the (WTR) then there is no clarity that this is what he has done and that he is aware of this and agrees that is what he wants to do. Also in any opt out document there should be the details of the process for someone to opt back into the WTR.
The important question is whether your husband understood that by signing this contract (albeit very badly worded) that he was opting out of the WTR. If not then this is an issue for the company.
Also in regard to this offsetting of unworked hours against overtime it would appear there is no contractual clause to detail that this will happen?? What happens when your husband works less hours in a week is he allowed to go home/stays at work but does not work. Is this becoming a regular occurrence?
Sorry to say but I am beginning to think that the arrangement the company has put your husband onto was either not thought through properly or they are finding a way around reducing the costs of his overall salary.
I would say not. The Working Time Regulations (WTR) are there to protect workers in regard to amongst other things maximum weekly working time, patterns of work and holidays, plus the daily and weekly rest periods
Normally most workers don't have to work on average more than 48 hours per week unless they agree to. If a worker agrees to work beyond the 48-hour limit they must put it in writing, this is generally known at an opt-out. Workers have the right to cancel the opt-out agreement, although they must give their employer at least 7 days' notice - a longer period of notice may be agreed by the employer, but it can be no longer than 3 months.
My concern is that if it was not clearly stated in the contract that by signing it your husband was opting out of the (WTR) then there is no clarity that this is what he has done and that he is aware of this and agrees that is what he wants to do. Also in any opt out document there should be the details of the process for someone to opt back into the WTR.
The important question is whether your husband understood that by signing this contract (albeit very badly worded) that he was opting out of the WTR. If not then this is an issue for the company.
Also in regard to this offsetting of unworked hours against overtime it would appear there is no contractual clause to detail that this will happen?? What happens when your husband works less hours in a week is he allowed to go home/stays at work but does not work. Is this becoming a regular occurrence?
Sorry to say but I am beginning to think that the arrangement the company has put your husband onto was either not thought through properly or they are finding a way around reducing the costs of his overall salary.
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