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Working hours

5 replies

minilegofigure · 06/09/2014 00:20

My DH has shown me his jobs for next week and he has another 7 day week. He has just completed a 6 day week. Some days he is working 3 hours other times he leaves at 6am and is back at10 pm. This is the nature if the job. He has no set hours and just has to go where they need him. His hours have increased since the recession but his pay has not. He says he has no contract that sets out his hours. Is this legal?. We have no family time. The kids never see him. Have we any legal come back or can they just continue to make him work every day?

Thanks

OP posts:
minilegofigure · 06/09/2014 08:28

Bump for morning MNetters because I wrote this late last night when I couldn't sleep.

OP posts:
Holfin · 06/09/2014 08:31

I am no expert but this may be of some help www.gov.uk/maximum-weekly-working-hours/overview

minilegofigure · 06/09/2014 11:14

Thanks Holfin. I have had a look on Gov.Uk but I find it a bit confusing. I just wandered if anyone had an legal knowledge or experience. I will have another look.

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prh47bridge · 06/09/2014 12:46

What are you confused about?

He cannot be forced to work more than 48 hours per week on average. The figure is normally averaged over 17 weeks. So add up his hours over the last 17 weeks and divide by 17. If the answer is more than 48 he is working more than the maximum permitted (unless he is in one of the occupations to which the limit does not apply). He can only go over the maximum if he has chosen to opt out of the limit.

There is no limit on the number of days per week he works. He can work 7 days a week every week provided he does not go over the maximum hours and provided his employer gives him the required number of days paid holiday every year. If he is working more than 5 days per week his holiday entitlement increases. For a 5 day week he is entitled to 28 days holiday per year. For a 7 day week this rises to 39.2 days per year. If his working week is variable his entitlement is based on the number of hours he works. For every 100 hours he works he is entitled to 12.07 hours paid holiday.

minilegofigure · 06/09/2014 12:56

My previous post should of said wondered not wandered Grin. Although that sums me up quite well !
Thank you. You have put it very clearly. Your post has been helpful. I think we need to calculate in terms of hours rather than weeks or days. He probably has agreed to do over 48 hrs if I know DH. Although if there is no contract I can't see how this us binding . I suspect his employers will say like or lump it but it would be good to be more assured of employment rights.

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