Opt out but still being asked

Minibiker · 3 Dec 2017 at 16:48

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?

Minibiker · 3 Dec 2017 at 16:52

What you mean? Im sure i done the right one as everyone else opt'd in

Minibiker · 3 Dec 2017 at 16:55

muon said:
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.

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

Minibiker · 3 Dec 2017 at 17:00

I just remembered how the situation went, i didnt sign it and left it on his desk... If i tell him tonight can he change my days this week to get me in this weekend or does he need to give me more notice

Minibiker · 3 Dec 2017 at 17:04

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.

Ahhh that makes sense, Thank you