48 hour working time regulations

[jampots]

Dh works for a large manufacturing company where there is a strong union presence. They work under a collective agreement between Union/Company. Dh and hundreds of others want to work more than their 48 hour average week and the company want them to as well. The Union however do not want them to do this and say they will be breaking the law. From what I can see the 48hour WTR is supposed to safeguard employees from having to work more than 48 hours, not preventing them if they so wish. Can anyone throw any light on this esp (a) can dh and others opt out; and (b) is it actually law?

I think you have to sign a declaration stating you don't mind working longer hours if memory serves me right.

here u go hon, (from ACAS) 48 hr week

You can opt to work more than 48 hours a week. What you can't do is opt out of the compulsory rest breaks (20 mins in every 8 hours) 11 hours between shifts and 1 day per week or 2 consecutive days per fortnight off).

Julie - can you tell me where the 20 mins in 8 hours rule comes from please? This would get me out of a sticky situation if it is something I can quote.

Here it is Jan - under Regulation 12 and if you look under regulation 23, it says that the 20 minute rest break can be 'modfied or excluded' if there is a collective or workforce agreement to that effect.

jampots - the DTI issued a discussion paper in June 2004 to debate the possibility of removing the opt out, as a result some employers have been preventing staff opting out incase the law changes. Maybe the Union are trying to force the employer to go down this road?