Work contract (working hours)

[GNfan]

Hi all,

My new employment contract has this in it, under the section about working hours:

"2.2 You agree that this may involve you working over the 48 hours per week limit set out in the Working Time Regulations 1998 (‘’the Regulations’’). If you no longer agree to work more than the 48 hours per week limit set out in the Regulations, you must provide the Company with 2 months’ prior written notice."

Anyone seen this before? It looks very odd indeed. I work 35 hours a week in a fairly standard office job (charity sector), and can't really work out what the point of that is.

My boss (lovely, but a little fluffy) said "Oh, you can just ignore that. I was told by an HR consultant that it has to be in there..."

Hmmm.

Check with ACAS my understanding is you have to voluntarily opt out of the Working Time Regulations rather than opt in. www.acas.org.uk/the-maximum-hours-an-employee-can-work

I think for this reason the contract may be unlawful. However, if they refuse to change it I would return it with a letter giving 2 months notice that you do not agree to working over 48 hours.

In reality because of Bank Holidays and annual leave it can be quite difficult to reach the legal criteria of 48 hours averaged over 17 weeks.

It's a standard clause, you just need to opt out

Or in if you think envisage going over time. It's applicable more to contractors not office staff

Thank you all. That's really helpful!