Q I started a new job in an office a couple of months ago. The only problem is, my employer wants me to work over 50 hours a week. Do I have any legal right to object?
A. Over 50 hours a week? You must be working for a firm of Solicitors! More seriously, if you are over 18 you do not have to work more than 48 hours per week on average (usually calculated over a 17 week period). You can sign a written agreement to work more than 48 hours per week, but you cannot be forced into signing this. If you have already signed such an agreement, you can change your mind. If you haven't signed such an agreement, your employer can't make you work more than 48 hours in a week if you don't want to. I suggest you discuss with your employer how you can reduce your hours. You are still in the early stages of your employment, so if you come to an agreement between yourselves now, you can avoid any potential dispute in the future.
Q. Are lunch breaks and overtime included as 'working time'?
If you do not work during your lunch break then this is excluded from the calculation of your working hours. However, if you are required to attend business lunches, or if you are 'on call' in the office during these times, then they would be classed as working hours. Most overtime is included within the definition of working hours. However, if you voluntarily stay behind after work on the odd occasion to finish your work without being paid (a practice I like to encourage amongst my staff by the way!) then this would not usually be included.
Should you have a query regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
