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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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How does the opt out for the Working time directive work. I

Customer Question

How does the opt out for the Working time directive work. I thought by signing to say I am prepared to work more than 48 hours a week then my employer should allow this.

My employer is saying that the opt out only last for one week. I happy work around 60 hours so are there any restrictions on rest periods even though I have signed an opt out
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What rest periods in particular are you asking about?

JACUSTOMER-6drvuk30- :

the time between shifts

JACUSTOMER-6drvuk30- :

How does the working time opt out work

Ben Jones :

The opt out works in a way that once you opt out it is considered that you remain opted out until you decide to opt back in by giving the employer the appropriate notice. So once you opt out you remain opted out but that does not guarantee you more than 48 hours a week - it means that the employer could give you more than 48 hours but it does not mean that they have to

Ben Jones :

The rest periods remain unchanged even if you have opted out

JACUSTOMER-6drvuk30- :

what are the minimum rest periods.

JACUSTOMER-6drvuk30- :

do you break the law by doing 60 hours a week even though i have signed the opt out

Ben Jones :

Rest breaks are here:

https://www.gov.uk/rest-breaks-work

Ben Jones :

You have signed the opt out o are willing to work more than 48 hours - why would you be acting illegally if you work more than that?

Ben Jones :

After all you have agreed to work these hours

Ben Jones :

or am I misunderstanding your question?

Ben Jones :

Hello?

Ben Jones :

So you do not need any further help?

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