Call us on:  0808 172 93 22

On the 6th Day of Christmas…

6th Day of ChristmasOn the 6th day of Christmas my employee said to me ….. “I have to leave on time to get to my evening job; I’m trying to earn some extra money for Christmas.”

Whilst the worker’s keenness to fill up the Christmas stockings of their loved ones is admirable, the fact the worker has another job should trigger warning bells.

One such warning bell is the 48 hour working week limit imposed by the Working Time Regulations 1998 (“WTRs”) – employers are responsible for ensuring workers do not work more than an average 48 hours per week, unless they have signed an agreement opting-out of this limit. In calculating the 48 hour week, any time spent working for other employers must be taken into account.

Therefore, employers presented with the information about another job, should consider asking the following questions:

First review the contract of employment to identify the contracted hours; the overtime records should also be reviewed.

The worker should also be asked to provide details of all other hours worked for other employers. The total hours worked by the worker can be identified using this information.

If it appears that the worker will work more than 48 hours per week it is necessary to have an opt-out in place. Records should be kept of opt-out agreements that are in place. It should therefore be easy to clarify whether the worker in question has signed an opt-out.

If the worker is likely to work more than 48 hours per week they should be given the choice of either:

It is crucial for employers to get this right otherwise they are committing an offence under the WTRs if they fail to take reasonable steps to ensure their workers do not work more than 48 hours a week unless they have opted-out. An effective way of discharging this obligation is the inclusion of secondary employment clauses in contracts of employment and/or policies which should be clearly communicated, monitored and enforced.

In addition to the 48 hour week obligations, employers must not forget that worker are still entitled to daily, and weekly rest breaks as well as annual leave.

Contact Details

For more details about the issues in this article please contact:

fgmedia@fgsolicitors.co.uk

+44 (0) 808 172 93 22

This update is for general guidance only and does not constitute definitive advice.

Updated: by FG Solicitors
Call us on:  0808 172 93 22

ON THE 6TH DAY OF CHRISTMAS…

6th Day of ChristmasOn the 6th day of Christmas my employee said to me ….. “I have to leave on time to get to my evening job; I’m trying to earn some extra money for Christmas.”

Whilst the worker’s keenness to fill up the Christmas stockings of their loved ones is admirable, the fact the worker has another job should trigger warning bells.

One such warning bell is the 48 hour working week limit imposed by the Working Time Regulations 1998 (“WTRs”) – employers are responsible for ensuring workers do not work more than an average 48 hours per week, unless they have signed an agreement opting-out of this limit. In calculating the 48 hour week, any time spent working for other employers must be taken into account.

Therefore, employers presented with the information about another job, should consider asking the following questions:

  • Could the worker be working more than 48 hours per week?

First review the contract of employment to identify the contracted hours; the overtime records should also be reviewed.

The worker should also be asked to provide details of all other hours worked for other employers. The total hours worked by the worker can be identified using this information.

  • Has the worker signed an opt-out?

If it appears that the worker will work more than 48 hours per week it is necessary to have an opt-out in place. Records should be kept of opt-out agreements that are in place. It should therefore be easy to clarify whether the worker in question has signed an opt-out.

  • What if there needs to be an opt-out?

If the worker is likely to work more than 48 hours per week they should be given the choice of either:

    • Entering into an opt-out agreement. The agreement must be in writing and entered into voluntarily.  An opted out worker can cancel the opt-out on seven days’ notice unless the agreement expressly provides for a longer notice period, which cannot be longer than three months.  The worker cannot be forced to sign an opt-out and it is unlawful to dismiss or victimise a worker for refusing to sign an opt-out.
    • Reducing their combined working time to less than 48 hours per week.

It is crucial for employers to get this right otherwise they are committing an offence under the WTRs if they fail to take reasonable steps to ensure their workers do not work more than 48 hours a week unless they have opted-out. An effective way of discharging this obligation is the inclusion of secondary employment clauses in contracts of employment and/or policies which should be clearly communicated, monitored and enforced.

In addition to the 48 hour week obligations, employers must not forget that worker are still entitled to daily, and weekly rest breaks as well as annual leave.

Contact Details

For more details about the issues in this article please contact:

fgmedia@fgsolicitors.co.uk

+44 (0) 808 172 93 22

This update is for general guidance only and does not constitute definitive advice.