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iI am a salaried bar manager and have been employed for over…

iI am a salaried bar...
iI am a salaried bar manager and have been employed for over 3 years and 6 months.My weekly rota is constantly over the 48 hours per week and also requires me to work 7 days a week.Am i covered by the working time directive as i never opted out of this and never agreed to working more than 48 hours.Also i belive i should be entitled to a full day off per week is this correct
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Answered in 4 minutes by:
1/4/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,157
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know what does your contract say about your working hours?

Customer:

i have never recieved a contract i only have the offer letter i was originally sent offering me the position stating it was up to 48 hours per week.I fid i constantly am doing a lot more than this

Ben Jones :

Your working time rights are as follows:



  • No more than an average of 48 hours per week, calculated over a reference period of 17 weeks

  • Daily rest of 11 hours between the end of one shift and the start of another

  • At least an uninterrupted 24 hours rest per week, or this could instead be made into an uninterrupted 48 hours rest every 2 weeks


 

Customer:

thank you just was checking still covered by the working time directive.Should the employer have issued me with a contract ? this has all come about due to the fact he is giving me 28 days holiday a year but states i must use 7 days holiday for a week off only giving me 4 weeks a year

Ben Jones :

They should have issued you with a written statement of employment particulars within two months of you starting there. It is not a contract but contains the main terms of your employment

Customer:

ok thank you

Ben Jones :

see here:

Ben Jones :

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,157
Experience: Qualified Employment Solicitor
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