Opting Back INTO the Working Time Directive. Will they sack me?

Ahleckz

Ahleckz

Ahleckz

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In my job, I work 6 days out of seven with the hours being the same all the time. Over those 6 days, I do 54.5 hours work a week with no provision for set lunch breaks or time off. We are very much expected to eat lunch whenever, and never for a long period. Set working hours aren't listed in the contract. I am paid a basic salary and earn commission.

I signed out of the Working Time Directive when I started, 2 and a half years ago. Now, am I able to opt back into it (giving the relevant notice period) without any repercussions? As far as I can see it, they can't punish you for working 48 hours a week and the power is in the employees hands. It seems madness that we are doing all these extra hours if we don't have to.

Ultimately, I'm currently looking for a new job as I'm fed up of working 6 days out of seven, with Tuesday being my day off. However, if I could cut my hours down without any repercussions I'm fine with that.
 
Nope but as above they might try and find other ways of getting rid of you and/or treat you badly depending on company.

EDIT: Its one thing that annoys the **** out of me - I like to be helpful and be available 6 days/out of hours in a true emergency or a really busy period but 9/10 companies where I've made provision for that just take advantage of it - one of the main reasons I walked out of my last job.
 
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To be fair it sounds like they already treat you like crap, so what have you got to lose.
Also it's illegal for them not to give you the minimum break periods for your shift lengths.
 
think you've got every right to opt back in, and you should be able to take breaks too

though from their POV they're paying you a salary and commission, if the commission is a huge percent of your overall package then it probably doesn't matter... tis down to you to earn what you can/what you're happy with given the hour, and if you're able to generate that commission working fewer hours than others then it really shouldn't be an issue at all. On the other hand if they're paying a decent basic salary and rather more modest commission then they might have based that salary on the assumption that a certain number of hours were worked...in that case I'd presume you're providing a service of some sort in addition to bringing in revenue and in that instance they might be a bit more annoyed, but really they shouldn't get upset if they're sensible/professional about it they could rectify it quite easily by reducing your future pay rises etc..
 
As the previous posters, you can opt back in however your employer may get petty.

Sounds like you are in a sales role where you get a basic salary but it's not clear if this is based on your 54.5 hours or the EU max. of 48 hours ? Potential of a salary knock if that is the case.

I am also guessing, you have targets so you put in the extra hours to meet them. There is a chance that the employer may turnaround and say you are not meeting the targets with your reduced hours and therefore 'we will have to let you go'
 
The Geezer said:
I am also guessing, you have targets so you put in the extra hours to meet them. There is a chance that the employer may turnaround and say you are not meeting the targets with your reduced hours and therefore 'we will have to let you go'
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I'd say you'd have a good case for constructive dismissal but that's small consolation a lot of time time.
 
I think you will find yourself unemployed - There will be someone else willing to opt out and do the time.

It might not be legal but i'm sure they will find a way to let you go. Then/or treat you like crap if you can stay.

Good luck.
 
Windle said:
Pretty sure Ahleckz does car sales.

Have any of the other salesmen opted back into the WTD?
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well in that case presumably it is an insignificant salary and high commission... in which case they're presumably not going to care much if he is good/hitting the same targets as people putting in more hours
 
Windle said:
Pretty sure Ahleckz does car sales.

Have any of the other salesmen opted back into the WTD?
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Indeed I do. No one else has opted back into it, but truth be told I don't really think anyone understands what it is. They are very much of the view that the boss holds all the cards and never like to rock the boat. I was the only one last year to actually end the year with no holidays left, people are scared to put the requests in it seem!

I'm quite keen on just knowing my rights, even if I don't necessarily exercise them. IIRC, you have to give 3 months written notice to opt out and I do hope to have a new job by then. Unfortunately anything which I'm qualified for results in quite a hefty paycut. I'm fine for a paycut, if it means getting weekends back but to drop a 1/3 is a bit too much to stomach.

It's roughly 50/50 commission and salary for me.
 
I think you would be asked to leave if your decision to opt back in affected the ability to complete your role I.E i work 12hr shifts and if i couldn't do the shift in it's entirity i wouldn't be able to fulfill the role. thus let me go.... i may be wrong though.
 
If they do treat you worse after opting back in document everything they do and then **** them in a tribunal.
 
Ahleckz said:
Indeed I do. No one else has opted back into it, but truth be told I don't really think anyone understands what it is. They are very much of the view that the boss holds all the cards and never like to rock the boat. I was the only one last year to actually end the year with no holidays left, people are scared to put the requests in it seem!

I'm quite keen on just knowing my rights, even if I don't necessarily exercise them. IIRC, you have to give 3 months written notice to opt out and I do hope to have a new job by then. Unfortunately anything which I'm qualified for results in quite a hefty paycut. I'm fine for a paycut, if it means getting weekends back but to drop a 1/3 is a bit too much to stomach.

It's roughly 50/50 commission and salary for me.
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My other half's old place was like that, also in sales. The company had worked very hard to generate a pressured work environment that left people always looking over their shoulders.

Example being my GF was very ill with flu, but felt obliged to go into work anyway. It took me guiding her back to bed and calling her boss to get her to take the day off. Her boss then called her 3 times throughout the day to make sure she wasn't faking it. This was her first sick day off in 18 months.

Another fine one was month end that had people sat in the office until 10-11pm at night for a week desperately trying to hit target. No overtime, all expected.

Holidays were allowed, but targets weren't altered so you had to work like a dog for the 2 weeks that month you were in the office.

Anyway, anicdotes aside the point I'm trying to make is that some companies push people too hard and expect too much of them and sooner or later employees start to fear for their jobs as a result and then the employer has them. This is one of the reasons why the Working Time Directive exists and it's there to be used. If they sack you, take them to the cleaners IMHO.
 
randal said:
My other half's old place was like that, also in sales. The company had worked very hard to generate a pressured work environment that left people always looking over their shoulders.

Example being my GF was very ill with flu, but felt obliged to go into work anyway. It took me guiding her back to bed and calling her boss to get her to take the day off. Her boss then called her 3 times throughout the day to make sure she wasn't faking it. This was her first sick day off in 18 months.

Another fine one was month end that had people sat in the office until 10-11pm at night for a week desperately trying to hit target. No overtime, all expected.

Holidays were allowed, but targets weren't altered so you had to work like a dog for the 2 weeks that month you were in the office.

Anyway, anicdotes aside the point I'm trying to make is that some companies push people too hard and expect too much of them and sooner or later employees start to fear for their jobs as a result and then the employer has them. This is one of the reasons why the Working Time Directive exists and it's there to be used. If they sack you, take them to the cleaners IMHO.
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Bang on. I'm also unhappy at work, let's both take a leap of faith and see how it pans out :p
 
Agree with ElliorR, the WTD is there to protect YOU it is a massively important thing yet idiots (no offence) opt out of it.

Any whiff of them giving you a hard time, missed promotion, holiday rejections (on two occasions) then bring out the Tribunal card. They already have been taking the ****.
 
Ahleckz said:
In my job, I work 6 days out of seven with the hours being the same all the time. Over those 6 days, I do 54.5 hours work a week with no provision for set lunch breaks or time off. We are very much expected to eat lunch whenever, and never for a long period. Set working hours aren't listed in the contract. I am paid a basic salary and earn commission.

I signed out of the Working Time Directive when I started, 2 and a half years ago. Now, am I able to opt back into it (giving the relevant notice period) without any repercussions? As far as I can see it, they can't punish you for working 48 hours a week and the power is in the employees hands. It seems madness that we are doing all these extra hours if we don't have to.

Ultimately, I'm currently looking for a new job as I'm fed up of working 6 days out of seven, with Tuesday being my day off. However, if I could cut my hours down without any repercussions I'm fine with that.
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Legally not much they can do but they can make your life horrible and force you to quit.

If everyone is working those hours then that is just the nature of the employer, you have to balance the salary and benefits against the hours worked. If you can get a similar salary elsewhere at 40 hours then you don't have much to loose.
 
Have any of your colleagues voiced a desire to opt back in out of interest? That is to say, are you among friends in your belief that your employer is a modern day Pharaoh?

I ask because if you do go through with this and word gets around, then you probably won't be the only person in the WTD boat.
 
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