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Hello , I am Vineet , UK Solicitor, I will be helping you with your query today.
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Employment contracts set out the number of hours employees needs to work. Employees are obliged to work the hours set out in their contract terms. Employment contract may also say something specific about overtime– for example, that "reasonable overtime may from time to time be required, in accordance with the needs of the business".
In your case, as you stated it is 37.5 hours
there can be period of time where Employer can ask you to work more than average 37.5 hours depending on the work requirement
Your employer needs to have a clear policy in place about how overtime ( over 37.5 hours)will be requested, authorised and recorded, and about how overtime pay will be calculated.
By law, an employee can not be asked to work more than 48 hours a week unless the employee agrees to work more hours , which is known as opting out of the weekly limit
So there is nothing wrong on the part of your Employer by asking you to sign that clause.
However, if you think the overtime will interfering with your care arrangements – for example, because you have responsibility for young children or an elderly parent – your employer may be guilty of indirect discrimination by unreasonably insisting on the overtime.
If you find it difficult to work overtime hours due to a disability, your employer will owe a legal duty to make reasonable adjustments to your work schedule at your request to accommodate this.
I hope I have clarified the legal position on the working hours and your rights in relation to overtime
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Thank you and wishing you all the best with your new job
Hi, is the offer still subject to you accepting the contract?
Thank you. To be honest you are free to negotiate whatever you want with them – nothing stops you from putting forward the proposals you have mentioned. However, be aware that the employer can easily reject the and say that the offer is only as it stands and that there is no job unless you accept the current contract. The risk with trying to negotiate with them at this stage is that they may see you as a potentially challenging or difficult employee in the long run, i.e. if you are already disagreeing with their position at this early stage, what would you be like later on as time goes by. Of course I am not saying you are like that but that is what the employer may perceive you as because of this.
But it is certainly possible for the terms as you suggested them to be inserted in the contract, as long the employer is agreeable to it, which they are not legally obliged to do.
Does this answer your query?
Various companies may have different ways of measuring working time at home. Some will monitor you through logging in to a dedicated portal, others will rely on your honesty in confirming how many hours you worked, etc – it really depends on them.
In the end, as mentioned, you can propose any of the things you mentioned, if that is what you would prefer. What I cannot tell you is how that specific employer will see them and whether they would find them reasonable. It is their business, their ethics, their business plan, their individual approach – I am in no position to guess their response and if your proposals will be accepted, I can only discuss the actual legal position.
Does this clarify things a bit more for you?
You are most welcome