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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47600
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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You agree to exclude your right to limit working time to 48

Resolved Question:

You agree to exclude your right to limit working time to 48 hours per week on average under the Working Time Regulations 1998, subject to your right to revoke this elect on 3 months prior written notice.Is it ok to have the above clause in our contracts of employment
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Is this for new employee's or existing?

Expert:  Ben Jones replied 10 months ago.

Hello, not sure if you saw my initial query above - Is this for new employees or existing ones?

Customer: replied 10 months ago.
New employees. Existing employees will keep the same contract
Customer: replied 10 months ago.
Basically our old contracts have this clause but I'm not sure it's legally correct to say this? Do we need to remove this? I thought you couldn't ask employees to waive their rights re working time directive?Thanks
Vicki
Expert:  Ben Jones replied 10 months ago.

The clause is fine. The standard clause I use is the following, which is more or less the same:

I agree that the statutory maximum average working time of 48 hours a week shall not apply to my employment with [NAME OF EMPLOYER] and that my average working time may therefore exceed 48 hours a week.

Signed .................................

by [WORKER'S NAME]

Date ................................

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