Working Time Regulations - advice needed

[Tangerinepie]

Can anyone please advise on Working Time Regulations please? I have consistently worked 60/70+ hour weeks for 6 months and cant do it anymore. I’ve been there for under two years unfortunately.

My manager is aware I’ve been struggling to manage the workload but she hasn’t reduced the amount I am given. I work remotely and use software that records log ins and usage so they can see how much I am working.

Having checked my work contract, it says I need to request a form to opt out the Working Time Regulations 48 hour week. My question is, is it reasonable that the onus is on me to specifically opt out or should the firm assume I haven’t opted out as I haven’t requested or signed a waiver?

I’m going to resign but they’ve been so unreasonable I’m worried they will withhold a reference. Would raising a grievance about them not following the WTR give me some protection as it can count as whistleblowing?

Thank you very much for any help

You can not be required to sign an opt out it must be voluntary, which is why they have not asked you to do so.

as you have not opted out you should not be working extra hours, and they should not cause you to do so, and are tħe law.

You must apply to a tribunal regarding this breach within three months of the first occurrence of the breach. The two year rule does not apply.

It is not clear in your post why they might give you a poor reference.

There are some serious health & safety implications for your employer

https://gatehouselaw.co.uk/employers-liability-for-accidents-resulting-from-excessive-working-hours/

As a PP said, you shouldn't be working those extra hours as you have not opted out. The default is that you should not be working more than 48 hours UNLESS you opt out.

Check your original employment contract and/or offer letter. Pretty standard in some industries that it os a condition of taking the job that you opt out, and you don’t sign anything separate.

Nope you are totally wrong

I’ve worked in “the city”, including in recruitment. If you don’t opt-out, you don’t get the job. Plenty of jobs aren’t available to people who aren’t willing to work longer hours. Which isn’t to say the OP needs to stay in a job where she is being over-worked, but just because she doesn't remember signing a seperate piece of paper doesn’t mean she may not have agreed to it somewhere in the recruitment process.

It may well be common practice in your sphere of work. But this is a legal forum and what you describe is un lawful. End of

Are they expecting you to work extra or is it you're doing to catch up? Are you paid for the extra hours?

This, plus what would happen if you just downed tools at 5.30pm?

If you have not signed a waiver to opt out, you should not work more than 48 hours a week. Your employer can be ordered to pay you compensation and/or face unlimited fines if they are in breach.

The fact you've been there less than 2 years is irrelevant in this case. Sacking you for asking for your statutory rights (in this case a working week of 48 hours or less) is classed as an automatically unfair dismissal, which means you can make a claim against your employer even though you haven't been there 2 years. You are also protected if they dismiss or you suffer any other adverse treatment when you raise this with them.

It looks like you have already raised this with your manager. If they are unwilling to reduce your load to one that can be managed within your contracted working hours, the next step is to raise a formal grievance. If that doesn't work, you should contact Acas and consider reporting your employer to HSE and/or taking them to tribunal.

I administrate the 48 hour opt out forms at my workplace.

If you havn't specifically opted out then you cannot be required to work mor eethan 48 hour hours per week. You cannot be treated with any detriment if you attempt to excercise this right. As prh says, this is considered to be an automatic unfair dismissal (if you were to be dismissed).

If you have opted out then you may be required to give a certain amount of notice to rescind the opt out.

In practice many managers don't monitor hours worked, they don't even think about it so in the first instance you should raise it as an issue.