Reversing Opt-Out of 48 Hour Week

[Libdra]

Hi


I wondered if anyone had any practical insight as to the implications to the employer and the employee of an employee cancelling the opt-out agreement of the 48-hour week please. Also, comments on the employer’s attitude towards the employee for cancelling the opting-out of the 48 hour week agreement. If I cancle the opt-out and work a 48-hour week will I receive less money?


My employer was originally contracted to employ someone from 0900 - 1700. I worked under these conditions as a temp for a week before things were changed to a 50-hour week. During a 3-month probation with an employment agency I was paid overtime for the long days. I presume now my employer is contracted to provide someone for their client for 50 hours a week.


I am currently employed as a "receptionist" working a 50-hour week although it is a much more dynamic role involving security and building management.


I am considering cancelling the agreement that was in my contract to opt out of the 48-hour week.


Apparently, I was asked to be at work 50 hours a week because, "the tenants asked for someone to be here from 0800-1800" five days a week.


After being in this role for a year I do not see a need for someone to be on site 50 hours a week. Obviously, my employer is employing one person to do the job of two.


My reasons for cancelling would be health (eyes started to get sore, after a recent week’s holiday much better), lack of confidence in my employer and the belief that just shortening the week by two hours would not have an impact on the tenant’s business.


Any comments please?

 

[Newchodge]

How long do you get for breaks during your working day?

 

[Libdra]

I am given an hour for lunch during which I am required to be contactable by phone, the number of which I have to display on the desk. Granted there are plenty of quiet times. I am constantly disturbed so I very rarely get a full hour. I am told to lock the doors for an hour at lunch between 2-3 but visitors still come in as other staff let them enter the building - over which I have no control. The client has said I can take lunch any time and dont need to lock the doors. I dont see the point in locking the doors as I am to be contactable over my lunch and expected to attend if needed during lunch.
Not only that but the only official resting place is a windowless boiler room. Luckily one of the tenants have let me use their facilities. Without their generosity I dont think i could do the job.
Thanks for your reply.

 

[Newchodge]

Then your employer is breaking the law. You must have a minimum break of 20 minutes if you work for 6 hours or more. You must know at the start of the break that it will be undisturbed. You cannot opt out of this right if you are employed as a receptionist. If your employment states that you are a security officer it gets more complicated.

An employer cannot subject you to a detriment for exercising a statutory right so nothing should happen to you is you cancel the opt out. However there are no guarantees. Are you paid an hourly rate? If so that would reduce to match your new hours. If you are paid a salary I would still expect your salary to reduce.

Have you considered joining a trade union?