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  1. #1
    jj19's Avatar

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    Default Toil

    hi forum
    have just been offered a new job!
    yay
    however...
    had contract through and it states "it is recognised that you will be required to work such further hours as may be reasonably necessary for the proper discharge of your duties and you shall not be entitled to receive any additional remuneration outside of normal working hours"

    It does also then go on to state i agree the my employment comes within Reg 20 of WTR 1998

    I am concerned that there is no mention of TOIL which was stated as being company practice during the interview..
    By signing this am i waiving my rights to TOIL?
    Also if anyone has a brief synopses of Reg 20 as i got rather bogged down in it all
    many thanks in adv
    D

  2. #2
    Kati's Avatar

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    Default Re: Toil

    tagging @Ula xx
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  3. #3
    Ula's Avatar

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    Default Re: Toil

    If TOIL was mentioned in your interview and nothing is detailed in you contract about when this applies. I suggest you go back to the company and query its omission.

    Regulation 20 is intended for workers whose working time is partly measured, predetermined or partly determined by the worker and part of it is not. The 48 hour limited only relates to the work that can be measured or predetermined. Any part of the job that cannot be predetermined will not be covered by 48 hour limit.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  4. #4
    jj19's Avatar

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    Default Re: Toil

    Quote Originally Posted by Ula View Post
    If TOIL was mentioned in your interview and nothing is detailed in you contract about when this applies. I suggest you go back to the company and query its omission.

    Regulation 20 is intended for workers whose working time is partly measured, predetermined or partly determined by the worker and part of it is not. The 48 hour limited only relates to the work that can be measured or predetermined. Any part of the job that cannot be predetermined will not be covered by 48 hour limit.
    many thanks
    i am a little confused why Reg 20 has been brought into the contract as i do not determine my own hours and am rota'd by a line manager
    however the schedule they are asking us to work to is very, very strenuous and will involve a lot of overtime
    perhaps its a sneaky way of negating the 48 hour limit?
    by putting the onus onto the workforce to determine their own hours to complete the tasks>?


    I have emailed them querying the omission of TOIL in the contract

    many thanks D

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