Opt out but still being asked

Minibiker

Minibiker

Minibiker

Soldato
Joined
27 Mar 2016
Posts
7,298
Location
Bristolian living in Swindon
Hi all

Back last year i signed to opt out working more than 48 hours.. My manager has asked me to do 10 hour shifts for the Christmas period and also to work weekends... Hes said im still Monday - Friday but wants me to work Sunday as over time... Ive refused as its my only chance to have family time with my son and wife, Today i was chatting with my wife and she reminded me that i signed that last year...

So am i right in thinking they have no leg to stand on as ill be working over 48 hours just doing my standard working days?
 
Surely you have to opt out of always working less than a 48 hour week. You sure you did it the right way round?

It is normally phrased as opt-out because you are opting out of the working time directive.

It is more like an opt-in to working more than 48 hours.
 
Minibiker said:
What you mean? Im sure i done the right one as everyone else opt'd in
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I'd just double check. If you opted out of the working time directive and everyone else opted in then you've done it the wrong way round.

However if it is opting in to working 48+ hours versus you opting out then it is fine.
 
Minibiker said:
I may have opted in as when i gave it back to my manager last year he asked if im sure because i wont be able to earn as much as everyone else
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Then it sounds like the right way round. Surely you just remind your manager that you won't be doing over 48 hours a week. Not difficult really. Probably has just forgotten or thought you might not care.
 
It is averaged by the way - they are within their right, though you can refuse, to ask you to do say a 60 hour week but those extra hours would have to come out of subsequent or prior weeks so that over whatever length of time - normally 17 weeks - it averages to 48 or less.

This is pretty much how I work - in the weeks leading upto Christmas I do a lot of hours then it drops off in the weeks after to balance out - plus the work is less in the first couple of months of the year anyhow.
 
Rroff said:
It is averaged by the way - they are within their right, though you can refuse, to ask you to do say a 60 hour week but those extra hours would have to come out of subsequent or prior weeks so that over whatever length of time - normally 17 weeks - it averages to 48 or less.

This is pretty much how I work - in the weeks leading upto Christmas I do a lot of hours then it drops off in the weeks after to balance out - plus the work is less in the first couple of months of the year anyhow.
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Ahhh that makes sense, Thank you
 
Sadly a lot of employers these days don't want to reciprocate - I made arrangements with mine that works in their interest in the seasonal period and on a case by case basis I will work an extra day, etc. if we are genuinely busy but then to my advantage when things are quieter but most of my past employers have had no interest in such arrangements and/or just taken advantage of my willingness to go beyond when things genuinely need it - result I've left.
 
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As Rroff said that’s how they get around it but as he’s said in the last post a good employer should be flexible unless the work is of the utmost importance, places like retail usually hire extra staff for the Christmas period but even this isn’t enough in the area my girlfriend works and they want her in every weekend this month and she’s above the sales positions with another 2 members of staff along side her to do the same role.
 
Some employers think they are doing you a favour by giving you extra hours.
My missus boss certainly thinks this way, when she has to arrange additional childcare etc so he can take a short holiday.
most unappreciative ***hole I've ever come in to contact with (and hes my mate :p)
 
Isn't this irrelevant to the working time directive - you've been offered optional overtime and have chosen not to take it. End of. Am I missing something?
 
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