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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: 50,908
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: 50,908
Experience: Qualified Employment Solicitor
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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