To be concerned about this employment contract

[Fumblesp]

I have recently verbally accepted a new job offer and have had my contract through to review. It includes a waiver asking me to opt out of the working time regulations limit of 48 hours per week. I’ve never seen this in any of my previous contracts and it concerned me a little…wondered whether this is the norm these days (senior management role)?

Also, my new employer made it clear that they operate a hybrid working model, with 2 days a week in the office and the rest at home. My employment contract however states my place of work as being the office address and there is no mention of any hybrid/flexible working. AIBU to expect this to be in the contract itself and would it be wrong of me to ask?

Sorry for the potentially silly questions, I’ve not taken a new role for some time and feel quite anxious to make sure I’m not making any mistakes in terms of the contract!

The WTR opt out is 100% standard for a senior management role - it’s been in every contract I’ve ever signed (professional role). You’re expected to do the job that needs doing however long it takes, not clock off at 5pm every day because that’s what your contractual hours are.

For hybrid working, I’d say it’s a mixture. My company has introduced long term hybrid working but decided not to change contracts as they would rather have this as a policy which they can change if appropriate in future. If it’s important to you though you could ask for it to be made contractual.

You’re expected to do the job that needs doing however long it takes, not clock off at 5pm every day because that’s what your contractual hours are.
But WTD limit is 48 hours - so that would hardly be clocking off at 5pm would it?

Thanks @Robostripes that’s good to know. I think it’s fair to say that my contracts up until this point clearly haven’t been the norm in that case!

@daimbarsatemydogsbone

You’re expected to do the job that needs doing however long it takes, not clock off at 5pm every day because that’s what your contractual hours are. But WTD limit is 48 hours - so that would hardly be clocking off at 5pm would it?

48 hours isn’t hard to get to in many professional jobs. I start work most days at 8.30am and pretty much never finish before 6.30pm, taking no lunch break. That’s 50 hours already.

The WTR opt out is 100% standard for a senior management role - it’s been in every contract I’ve ever signed (professional role)

You can of course opt back into it again on 7 days notice, and cannot be sacked or anything even if your employment contract says that you have to opt out.

WTR opt out is pretty normal - it's been in every contract I've ever had no matter how junior or senior

I would however ask for written clarification of the hybrid working model as you don't want to accept the job based on an element of WFH and then be forced back in the office 5 days (unless that's what you want)

yes the opt out is pretty standard, even for lower roles.

I'd definitely ask about the hybrid working/office working. It might be that there contracts haven't kept up with policies.

I have refused to sign this a couple of times and it's been fine. There has been a bit of fuss but no one wants to lose a good staff member over it.

I've signed back into it when a colleague suffered a bereavement.

I wasn't even that senior.

It was a good way to walk away when people were wasting time on nothing IYSWIM. I started opting out around 40. There's many reasons you might opt in.

What's the point in WTR if it's just expected as standard that people will opt out?

Literally everyone in my current workplace signs it. It's more to do with being able to work overtime and getting time+1/2 or double time though.

No-one has been forced to work more hours than their contract.

I've never seen a contract without the WTD opt-out. Sorry.

@TyrannosaurusRegina

What's the point in WTR if it's just expected as standard that people will opt out?

Well, I see it as having made a clear boundary, which frankly, many bosses need.

Worked in many hospitality/catering jobs, signed this form for the first few when I was young and didn't know better.
Simply did not sign it for the last few. Still accepted contract without signing that sheet and went ahead with job.

I'm not exactly management and job offers have always had the WTR opt-out since it came about.

With regards to the hybrid working. The job I have now was offered to me at interview with two days a week in the office (London) and three days from home. When I received the contract it said five days in London. That wasn't going to do it for me so I questioned it and they revised the contract. Sometimes HR aren't kept in the loop so send a general contract out.

Of course, I've had weeks (pre-covid) where I've been in London every day but then weeks where I haven't been up at all.

Many employers get you to sign the WTD opt out to cover themselves if it is a temporarily busy week and you need to work extra hours to meet a deadline. I tend to always sign it knowing that if working above and beyond my hours becomes an expectation (always happy to when needed but expect a w/l balance) I’ll be out of there! It’s never been an issue.
The hybrid working I would want in writing (can be an email) that I can WFH the agreed number of days.

Entirely standard.

And also employers unlikely to commit to hybrid working in contracts. They need to keep future flexibility.

Absolutely standard to have the opt out in financial services. I was lucky when it came in as I refused to have my contract varied by my existing employer but anyone who joined after me was opted out by default.

I've always been asked to opt out OP. It doesn't mean they'll make you work those hours. It just means you won't screw them over if you ever do have to.

Really surprised to read so many people just accept the 48 WTR optout and say it is standard in their contracts.

I am senior in finance at an org with approx 1000 staff and do.npt have this in my contract. The only toke I ever had this was when I worked temping about 20 years ago, so not standard at all in a lot of senior roles.
You are under no obligation to sign it.
In relation to everything else yes your place of work is office if you have to attend regularly for someone the week, bit I would expect something in writing stating you are permitted to work from home 2 days per.week.snd ensure ot is contractually bound, as the company may do what my company has just done to some starters who joined during lockdown and tell them at interview it was WFH and then either a seeks notice ask them to return to office. We have just lost 2 very good staff members because of this.

It's been included as a sheet when signing my last three contracts but I never signed it and it's always been ok.

I’m in a senior role, some places have asked me to sign it and others haven’t. It has never been as issue for me either way.

Regarding the place of work in the contract, they might be keeping it as the office so they don’t have to pay for your travel when you do go to the office, but still get something in writing (even just an email) regarding wfh if it is really important to you.

Normal

And also i think WTD prevents you from working 48 hours a week for 17 consecutive weeks

It doesnt mean you cant do the odd week of 48+ hours

Just checked. Its an average with 17 weeks as the reference point

Average working hours are calculated over a ‘reference’ period, normally 17 weeks.
This means you can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a week.

I would ask for written clarification on hybrid working just to cover yourself.

We operate hybrid working but no ones contract changed and everyone is contracted to one of our offices so we can ask them to come in as and when required.

I’d ask for clarification on the hybrid working- but by naming the office as your place of work it means you pay travel to get there