Working time directive - advice please

My employer is indirectly starting to take the piss. The sales side is almost 24 hours but the greasy auto electrician side is only 40 hours over 6/7 days depending on the contract of employment signed.

We are expected to answer calls and emails on our days off and those that cover 9am till 6pm are being expected to answer calls/ emails outside these hours.

Our manager has absolved himself of the responsibility and passed it onto HR.

As we have no fixed place of work, our working day starts as soon as we set off in the car, or, technically, answer any emails or calls for work.

The Gov'ment says:

https://www.gov.uk/maximum-weekly-worki ... king-hours

Our HR says:

As discussed what Mark is referring to is an ECJ ruling affecting the EU Working Time Directive which is not yet applicable until it is incorporated into UK law (the Working Time Reg's). Having said that it probably will happen but until it does and we have more guidelines on it.

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I read from the Gov site that it is already applicable and our HR is a bit wayward in its thinking?

Any advice greatly appreciated. As usual, it was a great job but as the company has gone more corporate, the oily workers at the bottom are starting to get trampled on by the larger and larger amounts of middle management.

ECJ rulings effectively have no legal force (for us as individuals) until English law is changed. I would have a chat with Citizens' Advice and join a trade union. They cannot force you to work more than contracted hours, clearly answering calls out of hours and on days off has to count and be paid.
Start logging hours! Note how the time period is 17 weeks for a basis.

I am no expert but I am aware of the employees right to 11 hours between shifts and I'm not sure that being expected to answer calls, emails etc provides the type of respite that the EWTRs demand. Of course employers can get employees to 'opt out' of many of the guidelines suggested.....agree with hamster that you should start logging hours and also out-of-hours/on-call activity. Good luck.

PS. Your manager sounds like an arse! Great to see he appreciates his duty of care for the LM role he is presumably getting paid to undertake?

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You should also note that if over time is regular, that also is counted I. Your holiday pay. They have to count it as you regular working hours. Chekc the gov website on that as well. So if they are doing you in for working out of hours at the moment, make sure they are paying you for it while on holiday as well.

Interestingly the manager thats been giving us trouble has disappeared off the email system, suspended for a few days

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Your HR isn't worth a shit mate, Euro time directive has to be opted out from if they want you to work over hours....

Get a free consult with a local employment lawyer and take it to them in writing....

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boxxer":21ksf23y said:

Your HR isn't worth a shit mate, Euro time directive has to be opted out from if they want you to work over hours....

Get a free consult with a local employment lawyer and take it to them in writing....

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Thats the sound of a nail on the head, we (the rest of my department) feel the same.

I have been 'working' from 8am until 6pm all this week including answering work calls on tuesday which was supposed to be my day off, so thats 40 hours+

Thats going to be potentially 9 hours of unpaid overtime today.

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legrandefromage":zgqbmzq4 said:

boxxer":zgqbmzq4 said:

Your HR isn't worth a shit mate, Euro time directive has to be opted out from if they want you to work over hours....

Get a free consult with a local employment lawyer and take it to them in writing....

Click to expand...

Thats the sound of a nail on the head, we (the rest of my department) feel the same.

I have been 'working' from 8am until 6pm all this week including answering work calls on tuesday which was supposed to be my day off, so thats 40 hours+

Thats going to be potentially 9 hours of unpaid overtime today.

Click to expand...

You sound like a Teacher.

Auto electrician.