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  • Brian
    Brian

    unpaid hours ...really?

    OMG, still getting chefs telling us they are working 60,70 plus hours for a single salaried pay each month!

    Wow, this HAS to stop. Be strong and put your foot down on this right now. If you are reading this, please read on. It's a clear guide to what you should be earning.If you are not being paid for those extra hours, then you are being screwed, and you need to do something about it fast.

    Remember, this just doesn't just affect your monthly wage, it also affects your holiday pay and pension entitlements.


     

    What is the Working Time Directive?

    The Working Time Directive is a law that sets rules to protect workers' health and safety by limiting how much they can work.


    🏴‍☠️ UK Position (2025) – What are the main rules?

    1. 48-hour limit
      • You can’t be forced to work more than 48 hours per week (on average), unless you choose to opt out.
    2. Opt-out
      • You can choose to work more than 48 hours by signing a form.(it does not mean you work extra hours for the same pay)
      • You can’t be forced to sign it.
      • You can cancel the opt-out later by giving notice.
    3. Rest breaks
      • 20-minute break if your shift is over 6 hours.
      • 11 hours rest between working days.
      • 1 day off per week (or 2 days off every 2 weeks).
    4. Paid holiday
      • You get at least 5.6 weeks’ paid holiday per year (that’s 28 days if you work 5 days a week).

    ⚠️ Key Point:

    The WTD is about limiting your hours and giving you rest
    It does not say you work for free after 48 hours!
    You must be paid for every hour worked, even if you sign the opt-out.


    Common Myth:

    “If you sign the Working Time Directive (WTD) opt-out, you agree to work as many hours as needed for a set salary — no extra pay.”


    The Truth:

    Signing a WTD opt-out only removes the 48-hour weekly limit. It ONLY means that you agree to work MORE than 48hours, NOT 50,60,70 plus hours for the same salary.

    It does NOT:

    • Remove your right to be paid for every hour you work
    • Mean your employer can make you work open-ended hours with no limit
    • Override the National Minimum Wage law
    • Cancel out your contractual rights

    📌 Example:

    Let’s say:

    • You’re contracted for 45 hours at £12/hour → that’s £540/week.
    • You work 75 hours, and you’ve signed the WTD opt-out.
    • You must still be paid for the extra 30 hours unless your contract clearly includes them and you’re still earning at least minimum wage across all hours worked.

    ⚠️ Risk for Employers:

    If they:

    • Pay a flat salary
    • Expect open-ended hours
    • Don’t pay for extra time
    • And that brings pay below minimum wage

    → They could be breaking the law. HMRC can investigate. Workers can claim unlawful deduction of wages or minimum wage breaches.


    🧾 Summary:

    Myth

    Truth

    Opt-out = work all hours for salary

    No, you must still be paid fairly

    Opt-out = unpaid overtime

    No, pay is still owed unless contractually agreed and legal

    Opt-out = no rest or holidays

    No, rest breaks and holidays still apply

     


     




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