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The law states that most workers should not have to work more than 48 hours per week. This includes overtime. If an employee wishes to work more than 48 hours a week, they can do so, but the employer cannot tell the employee that they have to.
If you employ a nanny under the age of 18, they cannot work more than 8 hours a day or 40 hours a week. They must have a break after 4.5 hours of work.
Domestic employees are exempt from this but are entitled to a 20-minute break for every 6 hours worked.
The average 48-hour working week is calculated by taking the average hours worked over a 17 week reference period.
If the employer wishes for the nanny to work more than 48 hours per week and the nanny agrees to this, they have to put it in writing in the form of an ‘opt-out’ agreement (an example of which has been given below).
I [worker’s name] agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer [amount of time – up to 3 months’] notice in writing to end this agreement.
Signed…………………………………… Dated…………………………………….
If the nanny decides later on that they wish to stop working more than 48 hours per week, they must give at least three months’ notice to the employer, as stated above.