What are the Working Time Regulations?
I've recently been offered a new job, which I've accepted. I got the contract through the post the other day and I noticed a clause about opting out of something called the Working Time Regulations. What is this regulation and what's the significance of it being in my contract? I don't want to sign unless I fully understand what it's all about.
The most well-known parts of the Regulations are the right to four weeks' paid annual leave and the 48-hour working week. There are also limits on night work and rights to certain periods of daily and weekly rest. Employers can ask staff to contract out of parts of the Regulations, while other parts don't apply to certain sectors (like hospital workers, media and public utility staff).
It sounds like your employer wants you to waive the limit on weekly working hours - this is the only part of the Regulations, which can be excluded by individual agreement. If you're a senior employee, it's possible that this right won't apply to you anyway, since there's an exclusion for 'autonomous workers' (essentially, those who can dictate their own working hours). However, if this is not the case, you can, if you agree, contract out of the right - and you'll be doing this by signing the contract. Your employer cannot force you to do this and if you're not happy, you can delete this part of your contract. You have protection under the Regulations if your employer discriminates against you because you've exercised this right. However, if you feel you don't want to rock the boat at this stage, you could decide to sign the contract and withdraw your agreement later on: you can always retract the opt-out on three months' notice.
Other parts of the Regulations, like the right to certain rest periods, can only be excluded through a workforce agreement between your employer and all the staff in the company. And don't worry - your employer can't under any circumstances make you opt out of your entitlement to paid holiday!
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