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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I made a mistake at work resulting in a disciplinary

Resolved Question:

hello I made a mistake at work resulting in a disciplinary . I voluntarily opted out of the working time directive when I took the role but this mistake occurred after I had worked straight through from 8am Monday morning until midnight Tuesday , with only a 2.5 hour break Tuesday morning. Does the fact I have opted out the working time directive mean I have no defense in this regard ?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Opting out of The Working Time Directive means that you could be asked to work more than an average of 48 hours over a reference period of 17 weeks. So it does not really mean that the employer can make you work continuously for unreasonable hours. You still have the right to rest breaks which are 20 mins for every 6 hours of work. Also the employer still has a general duty under health and safety regulations to ensure the health, safety and wellbeing of their employees so asking someone to work excessive hours, even if they have opted out, could make them in breach. So no, the fact you have opted out does not mean you have no defence and the length of time you worked is still a relevant factor. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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
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