employment law 50 hour week?

edscdk

edscdk

edscdk

Soldato
Joined
17 Jul 2008
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can a company make (expect) you work 11 - 12 hours days? (without overtime every day)

can you say you are only able to work 50 hours a week (which is 13 hours over contracted time)?

where my other half works the made half the staff redundant and gave their work to the other half, then computerised the system so everything now takes 2x as long.

where she used to do 8:30 to 5/6/7 working the extra when needed she now does 7:30am to 8,9,10pm

all her team have the same issue, 1 walked out, another is now off long term sick with 'mental issues and stress', it was a happy team until it was sold and computerised.

its only a 19k a year assessers job I don't think they are being reasonable, I think she should work to a ?45? hour week and if they sack her take them to a tribuneral - but thats a guess I dont even know if she would have a case...
 
Are you saying that she is doing all that extra overtime with no actual extra pay? That for sure is illegal. Read what the contract syas, i bet it says something about the hours she is supposed to do every week.
 
apatia77 said:
Are you saying that she is doing all that extra overtime with no actual extra pay? That for sure is illegal. Read what the contract syas, i bet it says something about the hours she is supposed to do every week.
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19k base no overtime, she assess' NVQ bar / kitchen work, now she has to recruite and enrole, get new business teach english and maths to them (all be it at a low level)

they made the recruiters, specilist english / maths teachers, team leaders and people who did the signups all redundant.

they then computerised the system so she has to write notes them type them all in at home (because you cannot talk to someone in a kitchen and type it into a laptop).. they used to jsut copy their notes and scan / file them..
 
What does the contract say?

Did they ask her to Opt out of the European Directive 48 hour rule?
 
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

The weekly maximum working hours


Adult workers cannot be forced to work more than 48 hours a week on average - this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week.

Your working week is not covered by the working time limits if you have a job:

- where you can choose freely how long you will work (eg a managing executive)
- in the armed forces, emergency services and police - in some circumstances
- as a domestic servant in private houses
- as a sea transport worker, a mobile worker in inland waterways or a lake transport worker on board sea going fishing vessels

Since 1 August 2009 if you are a trainee doctor the 48-hour maximum working hours applies to you.

Opting out of the 48 hour week

If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce.

You shouldn't be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out.

You can cancel your opt-out agreement whenever you want - even if it is part of your employment contract. However, you must give your employer at least seven days notice. This could be longer (up to three months) if you previously agreed this in writing with your employer.

Your employer is not allowed to force you to cancel your opt-out agreement.
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Does your partner have a contract which states her working hours, if she has to work any overtime, and what she gets paid for overtime? Has she signed a form opting out of the 48 hour week?
 
She needs to consider her future at her job if she is working that many hours for only £19k!
 
When I started with my current amployer in 2003, there was a group of about 15 of us starting that week. They very casually passed around the opt out form and I was the only one in the group that didn't sign it.
 
mame said:
When I started with my current amployer in 2003, there was a group of about 15 of us starting that week. They very casually passed around the opt out form and I was the only one in the group that didn't sign it.
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Good for you.

We're the first generation in centuries that work more hours that our fathers - it's madness*.

*well, I don't - I'm strictly a 35hr a week man.
 
Correct me if I'm wrong (I probably am) but I thought there must be at least 11 hours between shifts. So if she were to finish at 10pm the earliest she could legally start work the next day would be 9am?
 
edscdk said:
19k base no overtime, she assess' NVQ bar / kitchen work, now she has to recruite and enrole, get new business teach english and maths to them (all be it at a low level)

they made the recruiters, specilist english / maths teachers, team leaders and people who did the signups all redundant.
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Doesn't sound like those jobs were genuinely redundant...
 
apatia77 said:
Are you saying that she is doing all that extra overtime with no actual extra pay? That for sure is illegal. Read what the contract syas, i bet it says something about the hours she is supposed to do every week.
Click to expand...

The contract states

"your basic working week is 35 hours excluding breaks, You will be expected to work those shifts or additional hours as may be required to fufill the duties and responsibilities of your position including reasonable travelling to place of work or for business appointments.

There is a flexi time system in place for the staff which may be worked in agreement with your line manager"

is "additional hours as may be required to fufill the duties and responsibilities" this their get out clause to make you work 48 hours every week (almost every week)
 
edscdk said:
is "additional hours as may be required to fufill the duties and responsibilities" this their get out clause to make you work 48 hours every week (almost every week)
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Nope - it in no way overrules the working time directive, unless she's opted out.

Even if she's opted out, she can opt back in by giving reasonable notice.
 
imho employers take the biscuit. lots of places ive worked for they expect you to work for free. if its not arriving early its staying late or missing lunch breaks. i hate how you are seen as a bad employee for not wanting to do it. so basicly unless you hand them your self respect on a platter they will just replace you with someone else who is a total mug and will accept the bullsh~t as norm. i hate how they use things like "unprofessional attitude" or "mutual respectful give and take"
 
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