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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48163
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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One of the sections in my future employment states that:"

Resolved Question:

Hi,
One of the sections in my future employment states that:
" You agree that the limit imposed by Regulation 4(1) of the Working Time Regulations 1998 (‘the Regulations’) shall not apply to you in that your average working time may therefore exceed 48 hours for each seven day period. Your consent under this clause shall apply from the date of this Agreement but is subject to your right to withdraw your consent at any time on giving three months notice in writing to the Company. You agree to comply with all policies of the Company from time to time in force relating to the maintenance of records of hours that you work. "
If I refuse to waive a 48 hours limit, would the company retract their job offer ?
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Would you want to work more than your contracted hours at anytime in the future?

Customer: replied 1 year ago.
No. I would be happy to not go overf 40 hrs a week, but I do understand that I might have to do over time occasionally
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court until the end of the day so I will prepare my advice and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thank you Ben.
Expert:  Ben Jones replied 1 year ago.

No problem at all.

Customer: replied 1 year ago.
Hi,I've decided to add the entire 'Working Hours' section from the contract, so you could have a better perspective on the issue.
" 8. HOURS OF EMPLOYMENT
8.1 You shall be required to work 39.5 hours each week excluding lunch breaks which you are entitled to. You may be required to work at any times within the Company’s normal operating hours which are:
(a) Monday to Thursday – 9:00am to 5:30pm
(b) Friday – 9:00am to 5:00pm
You shall be entitled to a lunch break of 30 minutes each day. You may be required to work additional hours to complete tasks on time.
8.2 You may be required to work such hours outside normal hours of employment as the Company considers necessary to meet the needs of the business. You shall not normally be paid for such further hours unless agreed with your line manager. If overtime is agreed with your line manager, ordinarily the following rates are payable:
(a) Overtime worked up to and including 41 hours per week – your basic hourly rate.
(b) Hours worked in excess of 41 hours per week – 1.5 times your basic hourly rate.
8.3 You may be required to work on weekends and public holidays during your employment and such “on-call” cover will be paid by the Company at a rate to be agreed on an individual basis.
8.4 You agree that the limit imposed by Regulation 4(1) of the Working Time Regulations 1998 (‘the Regulations’) shall not apply to you in that your average working time may therefore exceed 48 hours for each seven day period. Your consent under this clause shall apply from the date of this Agreement but is subject to your right to withdraw your consent at any time on giving three months notice in writing to the Company. You agree to comply with all policies of the Company from time to time in force relating to the maintenance of records of hours that you work. "
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. If you were to refuse to agree to working more than the average 48 hour weekly limit, the employer should not retract their job offer. It is your legal right to decide not to work over that limit and you should not be treated detrimentally as a result. Saying that, they could try and disguise their retraction as being for some other non-related reason. For example they can try and say that their business requirements have changed and they no longer require you, or something else along those lines that is not immediately connected to your opt in to this limit. So this is the main risk – being treated detrimentally because of your decision, without being able to directly link it to the employer’s actions. But that is all a worst case scenario and there is of course no guarantee that they will do that.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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