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Working Time Options Form

The document outlines the Working Time Regulations (WTR) which limit average working hours to 48 per week and provide guidelines for breaks and time off. Employees may opt out of these regulations to work more hours, but this decision is voluntary and does not affect existing employment terms. The document also includes an opt-out agreement form that employees must sign if they choose to work beyond the stipulated hours.

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24 views4 pages

Working Time Options Form

The document outlines the Working Time Regulations (WTR) which limit average working hours to 48 per week and provide guidelines for breaks and time off. Employees may opt out of these regulations to work more hours, but this decision is voluntary and does not affect existing employment terms. The document also includes an opt-out agreement form that employees must sign if they choose to work beyond the stipulated hours.

Uploaded by

Fi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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OFFICIAL

HR Shared Services
2nd Floor
Square One
4 Travis Street
Manchester
M1 2NY

Dear Colleague

WORKING TIME REGULATIONS: INDIVIDUAL OPT OUT AGREEMENT


The Working Time Regulations (WTR) set out a number of rules about the time we spend at
work. The rules are that, on average, we should work no more than 48 hours each week;
should take a set minimum amount of time away from work each day and at weekends and
have a right to a set minimum amount of annual leave each year. The company actually gives
everyone more than the minimum amount of time off each week and year, although for those
of you who work to a roster your time off is likely to be averaged over your roster cycle. A
leaflet giving more information on the key details of the law is attached if you wish to read
more.

The WTR recognises, however, that some people may want the opportunity to work more than
the average of 48 hours per week, either for just a short period of time or permanently and
provides a way of doing so.

If you work more than an average of 48 hours per week (including any work you do for another
employer), or if you will want to do so, you need to sign the attached “opt out” agreement and
ask your line manager to sign it as well. Remember, if you do opt out, this does not affect your
rights to time off and annual leave and you cannot ignore the company’s standards on working
hours e.g. the limit of 72 hours’ work in any one week. Opting out does not change your
existing terms and conditions of employment. If you work on a rostered basis, you would still
have the choice to volunteer for overtime or not.

Please be assured and I would stress this you do not have to agree to “opt out” and whether
you opt out or not, is entirely your personal choice and decision to make. It is not our intention
to promote a long hours’ culture. Also if you do “opt out” you can always withdraw from this
agreement by providing 3 months’ notice in writing.

If you are not certain on what to do or have any questions, please do not hesitate to
contact your line manager.

Yours sincerely

Pauline Holroyd
Group Director, Human Resources
OFFICIAL

NETWORK RAIL

OPT OUT AGREEMENT – WORKING TIME REGULATIONS

I understand that the Working Time Regulations limit working hours to an average of 48 hours
per week.

I (NAME …………………………………………………..) however, hereby agree to work more


than an average of 48 hours a week.

I understand that this agreement does not allow me to breach existing rules and standards
regarding the maximum number of hours per week I may work (the so-called ‘Hidden’
guidelines) and that I must ensure I am fit to undertake my role when I report for duty.

If I wish to withdraw my agreement to work more than an average of 48 hours per week, I will
give Network Rail three months’ notice in writing to end this agreement. I acknowledge that
this agreement may be terminated by notice, in writing, of 3 months by either party.

NAME :
EMPLOYEE NUMBER :
GRADE :
NORMAL WORK LOCATION :
Signed……………………………………………..Date………………………………

ACCEPTED BY
NAME :

JOB TITLE :

SIGNATURE :

DATE :

Please return this form along with your offer pack to HRSS.
OFFICIAL

Working Time Regulations Summary

The Working Time Regulations 1998, which came into force on 1 October 1998,
implemented the Working Time Directive (93/104/EC) and the Young Workers Directive
(94/33/EC). The European Directives concerned certain aspects of the organisation of
working time and the protection of young people at work.

1. Workers

The Regulations applies to all workers, not only employees but also to anyone who is
undertaking or personally performing any work or services for an employer. The
Regulations therefore apply to freelancers, casual and seasonal workers, agency temps,
work experience trainees, students and apprentices.

The Regulations do not apply to people who are self-employed; nor to people such as
company directors or senior executives (with ‘autonomous decision-making powers)
whose working hours are not measured or predetermined or who have a significant degree
of control over the number of hours they work each week.

2. Hours of Work

• Adult workers cannot be made to work:


o More than an average of 48 hours per week (over a reference period of 17
consecutive weeks)
o More than an average of 8 hours at night in any 24-hour period (over a reference
period as above) and are entitled to free health assessments
• Young workers (over school leaving age but under 18) cannot be made to work more
than 40 hours a week or more than 8 hours a day, or with some exceptions at night
between 10pm and 6am – there is no provision to opt out
• ‘Working time’: workers are at work and working when they are at their employer’s
disposal and carrying out their duties, including overtime, job-related training,
attendance at employer sponsored conferences and seminars, travel where it is part
of the job, for example between locations in the same shift or working day, working
lunches, working at home where this has been requested in advance by their manager,
attending company medicals, undertaking approved TU duties
• ‘Working time’ does not include routine travel between the worker’s home and place
of work, rest and meal breaks when no work is done, or time spent travelling outside
normal working hours e.g. travelling the night before to attend an early morning
meeting at a client’s office the next day
• Opting out:
o An adult worker may agree to work more than 48 hours a week (either for a specific
period or indefinitely) provided this is in writing, voluntarily and without pressure
from the employer
o The agreed notice period for terminating the agreement must not be less than 7
days or longer than 3 months
o A worker cannot lawfully be penalised in any way, including dismissal for refusing
to sign such an agreement
• Calculating average weekly hours
OFFICIAL

o The average number of hours worked in any week is calculated by adding together
the hours (including overtime) worked during the reference period of 17 weeks and
by dividing that total number by 17
o The calculation becomes more complicated if during the reference period the
worker is absent from work on statutory holiday, sick leave or maternity, paternity,
adoption or parental leave – these are known as ‘excluded days’ and cannot be
counted as zero
o Where a worker is away from work on ‘excluded days’, the calculation of average
hours must include the hours actually worked on the same number of days
immediately following the reference period

3. Breaks

• Workers aged 18 and over have the right to a minimum unpaid rest break of 20 minutes
if working more than 6 hours (if operational requirements mean this is not feasible then
they will be entitled to compensatory rest), a minimum 11 hours’ consecutive rest
between each working day and should not be forced to work more than 6 days in every
seven or 12 days in every 14
• Young workers over school leaving age but under 18 should take at least a 30-minute
rest break every 41/2 hours, 12 hours consecutive rest between each working day and
must have 2 days off every week, normally consecutively

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