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Employment Law Imposing Hours
| Under the Working Time Regulations employees and workers cannot work more than 48 hours a week. This is the employment law imposing hours for employees. If you are unsure about how many hours you should be working per week, consult an attorney who will advice you after going through your contract. |
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If your contract does not contain an opt-out, you should ensure that other clauses ensure that the limit is not infringed. The good news is that most employers stick to the employment law imposing hours.
Workers or employees who have small children are entitled to request a change in their working hours. They can ask for flexibility in their hours and if necessary they can work from home as and when required. This is only possible if you have a child under six years of age or if your child is under 18 years but disabled.
However, the Work and Families Act 2006 has made it possible for certain employees to get flexible working hours. From April 6, 2007, any adult (an adult here is deemed as anyone over the age of 18) can apply for flexible working but in order to qualify for flexible working you must have worked for 26 weeks or you must be able to prove that you have to take care of a spouse, partner, relative or civil partner.
The Employment Rights Act 1996 has set out a working hour procedure which has to be followed by the employers. Though the procedure is quite complex with numerous time limits, the penalties to employers for not following the procedure is quite limited. If you want to change your working hours, you have to submit an application in writing. You also have to specify clearly how changing your working hours will affect your employer, and what are the solutions if the effect is negative. Within 28 days of receiving your application, your employer must meet with you and discuss it. Within 14 days of the meeting, the employer then has to either agree to change in the working hours or reject your application in writing. If the change is approved, the date for commencement of the change in working hours has to be specified in the written approval. If your application is rejected, you can appeal against the rejection but it must be done within 14 days of the rejection.
You are allowed to make just one request every 12 months.
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