Chapter 7 Outline answer to essay question

You should comment on the precise terms of Karen’s contract. For example, is Frank’s remark about interference with her private life enforceable? If so, it could be argued that her contract has been varied but Karen’s continuation in employment has indicated her consent to the change.
You should observe that it is likely that Karen can be required to work additional hours so long as it is safe for her to do so and the WTR are adhered to.
You should point out that, where these Regulations apply, regs 4 and 5 impose a 48-hour limit over a reference period unless the individual has opted out. You might refer to Pfeiffer v Deutsches Rotes Kreuz [2005] (‘Maximum weekly hours’).
You should note that Karen might find it difficult to refuse to work more than 48 hours as she seems to have done so since her employment commenced. Equally, she will not be keen to get the Health and Safety Executive involved in enforcing the limit as this will not be conducive to her achieving a partnership. If Karen is in a union she might ask her representative to raise the matter.
You might advise Karen to inform Frank that she is concerned about her health and that she needs to reduce her hours temporarily in order to recharge her batteries. You should also mention the employer’s common law duty of care (see chapter 2, ‘To take reasonable care of the employee’) and its obligations under s 2 Health and Safety at Work etc Act 1974.