My husband is working for a small company that has no formal agreement with staff and seems to feel that an average working week of in excess of 48hrs is acceptable.
I know that this is in direct contradiction to the WTD. My question is - how valid is it to now refuse to work more than 48hrs a week?
2006-10-26 07:51:03 · 7 answers · asked by Jo 2 in Politics & Government ➔ Law & Ethics
The WTD says an average of 48 hours a week over a 13 week period (I think) to take into account shift patterns. In our company if you work more than that you have to sign an opt out form- I thought this was normal for all companies. If the EU gets its way though this country will loose the opt out option and the most anyone can work will be 48 hours.
2006-10-26 07:56:48 · answer #1 · answered by kyeshla1 2 · 0⤊ 0⤋
ITs completely valid, if the company want him to work more than 48 hours he has to sign a form opting out of the WTD. If he hasn't signed this then the company has no right to make him work more. Some companies do this on a flexitime basis where hours worked over 48 one week can be taken back in lieu the next week. Even if he has signed up though, i believe he can opt back into the WTD at any time. The company would certainly not be able to sack him for opting out, but as one person commented earlier, they may find other reasons to force him out
2006-10-27 10:52:37 · answer #2 · answered by Jon G 1 · 0⤊ 0⤋
The WTD is an annual figure (weekly average over a year) after you've taken holidays etc into account. You can opt out otherwise company's should comply. As with all this legislation in small company's it's easier said than done, I worked for a large company and hours were monitored to ensure compliance.
2006-10-26 15:05:37 · answer #3 · answered by keefy 3 · 0⤊ 0⤋
In order to be able to legally work more than 48 hours a week, your husband would have had to sign an opt out. However, he can change his mind at any time.
If he has not signed the opt out, the company is breaking the law. I suggest that he either talks to his HR Department (if the company has one), or if not approach the Citizens Advice Bureau and they will be able to advise on how to deal with this situation.
2006-10-26 15:15:16 · answer #4 · answered by rainbowmessenger 1 · 0⤊ 0⤋
Trouble with small companies is that if they are unhappy by a challenge to their working practices even if these are against legislation, there is nothing to stop them finding something to sack you for - such as changing the role of your job so that it becomes impossible for you to do and therefore you are not fit to do the job.
2006-10-26 15:09:44 · answer #5 · answered by bennett21 1 · 0⤊ 0⤋
48 hour weel over a 17 week period,
2006-10-26 15:09:55 · answer #6 · answered by o0ojazzo0o 4 · 0⤊ 0⤋
no idea
2006-10-26 14:58:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋