What does this mean in a new contract?

[maryandtrees]

The 48 hour limit on average weekly working set out in the working time regulations shall not apply to your employment. You are entitled to withdraw your agreement that the 48 hour limit shall not solely to your employment by giving the company not less than one months prior written notice.

My job is reception. 35 hours a week.

Does this mean they expect me to work more than 48 hours a week? Overtime is not paid.

I’ve never seen it before.

Are you in the hospitality industry by any chance?

"The 48 hour limit on weekly working time will not apply if you obtain the worker's agreement in writing to work in excess of the limit. This is called an Opt-out agreement. The opt-out agreement If your staff work over or near the 48-hour limit, try to obtain an Opt-out agreement. The opt-out agreement should be in writing."

sounds like some people will or choose to work more than the 48 hour limit,

No. It’s in an office for specialist farming equipment.

It just means that should you work over 48 hours a week you're legally allowed to do so

Ahh I see, because it's a pretty standard part of hospitality contracts due to shift work. So receptionist can work like 7 days straight on 8 hour shifts so 56 hours then have say the next two days off then back in for another 5 days straight then another day off back in for one and off again dependant on how busy the resort is and number if guests checking in and out. More so during peak season than off season.

Are you contracted to work only 35? Might be another area of the business requires shift work and they just leave it in for everyone.

ACAS say you should be signing a separate agreement to your employment contract if the company want you to opt out of the Working Time Directive.

I think I'd be asking for this to be removed from my contract and not signing a separate agreement.

You said that Overtime isn't paid - does the contract specify yoir 35 hours a week and does it have any other clauses to say you are obliged to work any overtime undee any circumstances? Does Time Off in Lieu get a mention? If overtime is obligatory and unpaid without TOIL that could take your hourly wage below minimum wage which would make it an illegal, unenforceable contract.

The working time directive includes minimum reasonable standards which aren't that difficult for a good employer to stick to. You are allowed minimum protected downtime of at least 11 hours between the end of one day's work and the start of the next, at least one 24 hour period with no work once a week, and the average working week across 17 weeks shouldn't exceed 48 hours. It's possible to work for short bursts of a few weeks at up to 78 hours a week, followed by proportionate use of Time Off in Lieu, and still stay within these limits. I had a job where I worked 65hrs a week for 5 or 6 weeks and then had a few quieter weeks with less work and never came close to breaking the limits.

You're not a slave. You can't be made to sign or made to work extra unpaid. You have the right to say no. If they react badly to you saying no, its nuch better to know that's their attitude asap.

I have an office job monthly salaried so different context but every employment contract I has contains this clause.

Sounds like they're trying to trick you into opting out of the WTD by hiding the condition in your standard employment contract.

Very sneaky and if it's outside ACAS advice, not very fair, but puts you in a difficult position as you might feel uncomfortable asserting your rights with a new employer like this, not that you should feel this way of course.

I suppose it depends on the likelihood of your hours or duties expanding beyond your 'reception work for 35 hours pw' job description.

It could be absolutely fine and never or rarely a worry, or it could be a gateway to all sorts of extra hours and duties (24 on call during harvest season, spending long weekend hours on a stand at a trade show)?

The other thing to consider if overtime is unpaid, is the NMW. What is the salary? If you start working extra hours, your salary would need to stay above the NMW when divided by the larger number of hours. Not that they should expect you to work extra unpaid, unless it's a generous salary for the base duties and the extra hours are a rare part of the job.

Thanks everyone.

the hours on the contract are wrong too. They have me down at 40 hours a week which other staff do. I agreed to do 35 so basically 9-5. The salary is an hourly rate of £12 so £22k a year.

I have sent it back to adjust the hours. It’s clearly a pro forma contract that someone has filled in wrongly as there are another couple of mistakes I have raised too. Not sure if it’s all putting me off to be honest.

Well done you. I wouldn't sign until you're 100% happy with it.

I speak from bitter experience of having a generic contract issued and being I wouldn't need to do XYZ even though it was in the contract. Later down the line I was told I had to do the above and was reminded of my "contractual obligations" when I objected.

In hindsight I should have insisted on having that clause removed if they were so sure I'd never have to do it.

Well if it's general laziness with a pro forma, that's possibly less of a worry and the job really is a 9-5 receptionist and you're not going to find yourself being called by a farmer at 4 am because his combine harvester won't start and he needs to get on with using it right now.

New starters at my work always sign to say the 48 doesn't apply. It gives you movement to work overtime if you want to - it doesn't mean you have to.

Employment lawyer here, this is a fairly standard clause included in contracts. Strictly speaking it should be included in a separate document, but this is just Acas advice/best practice to ensure that no one feels pressured into agreeing to opt out in order to get a job. In reality, the vast majority of the time it's included in a contract.

As mentioned up thread, it's just so you can legally be able to work beyond the 48 hour week should you want to/be asked to. Doesn't mean that there will be any expectation on you to do so

It's in my own contract which I was happy to sign, but equally no harm in negotiating it out if your are more comfortable. Or signing it, but then giving your one months notice to withdraw your opt out

If your contract is for 35 hours and overtime is not paid you cannot legally be expected to work more than 48 hours a week.
This is probably a clause for most of the other roles in the business, but as there's a standardised contract it's in yours too. I work PT in the office of a workshop based business. The people in the workshop generally work a 40 hours week with the option of paid overtime. This clause means that they can choose to work more than 48 hours a week if they do wish. Nobody is pressured to do so. I don't think the clause is sinister under those circumstances.

9-5 and 35hours is probably you get an hour unpaid for lunch each day. So you are in the office 9-5 but only paid 35 hours as 5 hours are your hour lunch break.