What do I need to do to get my final divorce papers?

Lawpack on March 27, 2020

If you’ve served your divorce petition and your spouse doesn’t want to defend the divorce, then you can apply for Decree Nisi.

How to apply for Decree Nisi

It’s not hard to apply for Decree Nisi, you simply have to fill in a form called Application for Decree Nisi (Form D84) and a Statement in Support of your Petition (Forms D80A to D80E). There is no court fee.

The Forms D80A to D80E correspond to the five grounds for divorce. You need to use the correct form for your situation. For example, if your divorce petition is for adultery, then you need to use Form D80A. Forms D80B to D80E are as follows:

  • D80B – Unreasonable behaviour
  • D80C – Desertion
  • D80D – Two-year separation
  • D80E – Five-year separation

With Forms D84 and D80 evidence must be provided that:

  1. Your spouse, or any co-respondent has received the divorce petition. If not, then you need an order for deemed service, or an order that service can be dispensed with.
  2. If your petition is based on adultery, then you must have evidence that your spouse admits to the adultery.
  3. If your petition is based on unreasonable behaviour, then you must have evidence that your spouse admits to unreasonable behaviour.
  4. If your petition is based on desertion, then you must have evidence that your spouse admits the desertion.
  5. If your petition is based on two years separation, then you must have evidence that your spouse consents to the divorce.

You’ll find most of the information above in the Acknowledgment of Service, so don’t worry about having to file lots of different pieces of evidence.

Filing the Decree Nisi at court

You then have to send these forms to the court and state that your divorce is undefended.

When the court receives your paperwork, it will consider whether you’ve completed the documents correctly, whether you’ve got sufficient grounds for divorce. You don’t need to turn up to the court to hear the Decree Nisi pronounced, unless you want to.

If the judge finds that your documents are in order, he will send you a Certificate of Entitlement to a Decree Form. It usually takes about two months from the time you first file your application for decree nisi. You’re usually told of the actual date about two weeks in advance.

Decree Absolute

A Decree Nisi is a provisional divorce and needs to be finalised with a Decree Absolute. You’re not finally divorced until you have your Decree Absolute.

If you’re the petitioner, you can apply for Decree Absolute six weeks and one day after you receive your Decree Nisi. If you’re the defendant you have to wait for four and a half months after you receive your Decree Nisi before you can apply for Decree Absolute. As long as the court is happy you will receive your Decree Absolute and finally be divorced.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

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How to leave gifts in your Will

Lawpack on March 27, 2020

When making a Will you can leave individual items to certain people by naming them in your Will. Often people who are making a Will have items of value (financial or sentimental) that they would like to leave as a gift for a specific person: in the legal jargon associated with Will-writing these are called ‘specific gifts’.

Any property that you don’t give as a specific gift and which is not used to pay debts, legacies, tax or the expenses of administering your estate is known in legal jargon associated with Will-writing as part of the ‘residue’ of your estate – see our ‘making a will’ article called ‘How to leave the residue of your estate’.

When making a Will you should consider any specific gifts carefully. Are there family heirlooms that would have a special meaning to someone? Do you want to leave a particular item in your Will to a nephew, for example? If you are a mother, do you want to leave your jewellery to your daughter? A specific gift in your Will may not necessarily have monetary importance, but it may have personal significance.

In the case of specific gifts, always indicate in your Will clearly who is to receive each item of property. Give their names in full and identify each item of property clearly.

Try to avoid making gifts in your Will which have been sold or have changed form before your death. Particular difficulties can arise with, for example, gifts of shares or bank accounts.

Here are some examples from DIY Wills:

‘I give my stamp collection to my son, Alexander Guy Ross.’

or

‘I give my Rolex watch to my son, James Ross.’

Sometimes a particular item of property that you wish to leave in your Will is charged with payment of a debt or other liability. For example, a house is subject to a mortgage in favour of the bank.

The widest term for such charges is ‘encumbrances’. If a case of this sort arises when you are making your Will, you should clearly indicate whether the person who receives the property takes it subject to the encumbrance, or free from the encumbrance, in which case the encumbrance will be paid out of the residue of the estate.

It’s also possible to make a gift of money in a Will. This is usually called a ‘legacy’. Again, you should clearly indicate in your will the amount you wish to give and the person who is to receive it.

Here are some examples from DIY Wills:

‘I give to my son Alexander Guy Ross the sum of £100.’

‘I give the sum of £100 to each of my grandchildren who shall be living as at the date of my death.’

‘I give the sum of £1,000 to be divided equally between all my grandchildren who are living at the date of my death.;

‘I give the sum of £1,000 to Macmillan Cancer Relief Fund.’

Digital assets

Most people have assets in digital form, whether it’s the contents of their laptops, data held in ‘the Cloud’, or accounts held with the likes of as Facebook and Twitter. Such assets can cause headaches on death. The reality is that with many of these sites being only one generation old, many of these issues are unresolved and there is a limit to what can be done by way of a Will. Find out to what extent you can provide for digital assets in your Will, with our last Will & Testament Kit.

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Self-assessment: how long do you keep records?

Lawpack on March 27, 2020

If you have to complete an annual self-assessment form for the taxman, then you probably find the process quite traumatic. Finding your financial statements in time for the tax return deadline may make you wish that you’d kept your financial records in better order.

But even if you’re an organised person, do you know how long you should be keeping records and how do you get hold of copies if you’ve lost them?

Bank and credit card statements

You must keep your bank statements for three years, or for six, if you need to prove for your tax return that you have any savings interest earned. If you have mislaid any of your statements, you can ask your bank to provide them, but it may charge anything from £2.50 to £10 for each statement.

If you liaise with an online bank, it may only archive statements that are more than a year old, so it’s advisable to print out your online statements; otherwise, you may be paying the bank for it to access its archive.

Keeping records and tax

HM Revenue & Customs can approach you at any time and ask to investigate your affairs from the last six years. If you haven’t been keeping records correctly, you can be fined up to £3,000.

The other disadvantage of not keeping records in order is that if you’ve lost any records, you may not be able to prove your expenses and income to HM Revenue & Customs, which could result in you paying more tax than necessary.

To complete your tax return properly, you need to file the following documents, which are sent to you at intervals throughout the year:

  • P11D benefits statement
  • P45 if you have changed jobs
  • P60 end of year form
  • Statements of building society interest
  • Proof of capital gains
  • Dividend vouchers from shares and investments
  • Rental income statements

If you make any financial gifts, make sure to record them and if you’re giving money or assets to your children or other relatives, you must keep the necessary records for a minimum of seven years.

Pension contributions

When filling in your tax return, you may have to provide evidence that you have made pension contributions. Your pension company should provide you with an annual pension statement, outlining the value of the fund currently, as well as your expected level of income at retirement. If you’ve lost track of your previous pension records, the Pension Service will be able to trace them for you.

Property and mortgage

Mortgage statements most be kept for at least three years (preferably six). Do check them to make sure that you’re not paying too much interest.

Ensure that you know where you’ve filed your deeds to your house. If you’ve already paid off your mortgage, the building society may offer you the deeds back. The Land Registry keeps copies of deeds dating back to October 2003, so you will be able to get electronic records if this applies to your house. If your house pre-dates 2003, you can obtain the deeds from your solicitor or building society for a small fee.

Shares and share certificates

Always keep your share certificates as it can be expensive trying to prove that you own them. Most people hold shares in a ‘nominee account’ in electric form to make sure that they’re not damaged or stolen.

If the share certificates have been lost or stolen, you can obtain replacement share certificates by completing a Form of Indemnity from the registrar, which holds the share certificate records. The company who holds the shares will be able to tell you their name.

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How can you arrange your own divorce?

Lawpack on March 27, 2020

Deciding that your marriage has no future is always tough, so the last thing you will want is for messy and drawn out divorce proceedings to follow.

Not everyone has the funds available to leave a divorce entirely in the hands of a legal team, so doing it yourself can be a good option. The good news is that it’s possible to handle your divorce personally, without the help of legal experts.

Divorce is an option that is open to anyone who has been married for at least a year and has found that their relationship has broken down for good.

3 steps to getting a divorce

  1. You need to file a divorce petition, which is effectively an application to the court for permission to go your separate ways. At this stage you will have to show the reasons behind your split.
  2. You must apply for a decree nisi, which comes if your spouse agrees to the divorce. It’s a document that states that you’re allowed to go ahead and complete the permanent split.
  3. You should seek a decree absolute, which legally ends your marriage.

Agreeing to divorce

If you’re to manage your own divorce, you will need to agree on certain issues with your partner first. These include:

  • The reasons for you requiring a separation
  • How you’re going to look after any children in the future
  • How assets – such as money and property – will be split between the two of you.

Should you be unable to reach an agreement on any of these matters you’re likely to require legal representation, but if you’re both reading from the same hymn sheet a DIY divorce is entirely realistic.

For starters, agreeing on these matters will save you from a court hearing, while the paperwork involved when all parties are happy is fairly simple.

If you don’t agree

If you find that you’re not in agreement over one or more of the relevant issues but still want to go ahead with managing your divorce, you can turn to the professional mediation sector. Experts will be on hand to help you work out a settlement with your spouse.

Grounds for divorce

Before you can apply for a divorce, you must have reasonable grounds for doing so. There are five acceptable reasons for ending a marriage, so be sure your case fits one of them.

These are:

  1.  Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Living apart for two years and you both agree you want a divorce
  5. Living apart for five years with just one party wishing for a divorce.

Agreeing on the reason for your split is an important factor in being able to oversee your own divorce, as it will reduce the possibility of any legal wrangling in this area. You should note that you cannot use adultery as a reason if you lived with your partner for six months or more after you found out.ADNFCR-1645-ID-801684724-ADNFCR

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Applying for confirmation: Completing Form C5

Lawpack on March 27, 2020

When applying for confirmation to administer someone’s estate after they have died, you must complete various probate forms and send them to the Sheriff Court.

The main probate form to use to apply for probate is a C1 Confirmation Application Form. You will also need to complete Form C5 if you don’t expect inheritance tax to be due on the estate.

There are two types of C5 form:

1. Form C5 (SE) Information about Small Estates

Form C5 (SE) must be completed if the estate is viewed as a ‘small estate’.

An estate is defined as a ‘small estate’ if the gross value of the deceased’s own assets, including their share of jointly held property, and including assets that have been nominated to another person during the deceased’s lifetime but which are part of the estate (e.g. friendly society funds or a death benefit) is less than £30,000.

2. Form C5 Short Form of Return of Estate Information

Form C5 (the Scottish equivalent to the Form IHT205 for England and Wales) is used where:

  • the deceased died on or after 1 September 2006; and
  • the gross value of the estate for inheritance tax is less than the inheritance tax threshold (£325,000) or is less than £1,000,000, and there is no inheritance tax to pay because of spouse, civil partner or charity exemption.

Completing Form C5 – Short Form of Return of Estate Information

In the C5 form, the following information is requested:

Details of the deceased

  • The deceased’s name, address and date of death

Gifts

  • Did the deceased make gifts totalling more than £3,000 per year in the seven years prior to the date of death?
  • Did the deceased make a gift, but continue to benefit from all or part of the gift (e.g. the deceased gifted their home to a child but continued to live in it)?

Assets

  • Did the deceased give up the right to benefit from assets held in trust within seven years of the date of death?
  • Did the deceased benefit from assets held in trust?
  • Did the deceased own or benefit from assets held abroad?
  • Did the deceased hold any life assurance policies?
  • Did the deceased’s have any pension policies?
  • What is the gross value of the deceased’s assets?

Completing Form C5 (SE) – Information about Small Estates

In the C5 (SE) form, the following information is requested:

Details of the deceased

  • The deceased’s name, address and date of death

Gifts

  • Did the deceased make gifts totalling more than £3,000 per year in the seven years prior to the date of death?
  • Did the deceased make a gift, but continue to benefit from all or part of the gift (e.g. the deceased gifted their home to a child but continued to live in it)?

Pensions

  • Did the deceased benefit from an alternatively secured pension fund from a registered pension scheme at the time of their death?
  • Did the deceased benefit from an unsecured pension under a registered pension scheme as a relevant dependant of a scheme member who died aged 75 or over?

Assets

  • Did the deceased benefit from assets held in trust?
  • Did the deceased own any asset(s) in joint names with anyone, which passed by survivorship?
  • Had the deceased nominated any assets in favour of someone else during their lifetime?

Sending Form C5 to the Sheriff Court

Once you have completed Form C5, along with Form C1, make copies of all of the probate forms and send them to the Sheriff Court.

Get expert guidance on applying for confirmation, plus the confirmation forms you need, with Lawpack’s DIY Probate Kit.

 

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How to file for divorce in Scotland

Lawpack on March 27, 2020

There are two ways you can file for divorce in Scotland – by using the ‘simplified divorce procedure’ or the ‘ordinary divorce procedure’.

Simplified divorce procedure

With the simplified divorce procedure, the divorce is deemed to be ‘uncontested’ and so the divorce procedure is pretty straightforward.

It’s, therefore, quite easy to do a DIY Divorce in Scotland, but you need to meet the following criteria.

  1. You and your spouse must have no children under the age of 16, including adopted children or children accepted into the family, and you both must have agreed on the division of property and any maintenance payments, for the divorce to be ‘uncontested’.
  2. You, or your spouse, must have resided in Scotland for the year preceding the divorce, or consider Scotland your principal place of residence.
  3. Your marriage has broken down irretrievably as you and your spouse have lived apart (1) for at least one year and your spouse is willing to consent to the divorce, or (2) for at least two years.
  4. Neither of you has any mental health problems that would prevent you from managing your affairs should you divorce.

If, after the separation, you live together temporarily to attempt a reconciliation for a period of not more than six months, you can still apply for a divorce under the simplified divorce procedure, but you cannot count the period during which you were living together.

So, for example, if you separated for one year, lived together for four months and then separated again, you would have to wait one year and four months from the date you first separated if your spouse consents to a divorce, or two years and four months if your spouse doesn’t consent to a divorce in Scotland.

To divorce in Scotland using the simplified divorce procedure, you need to find your marriage certificate and complete one divorce form.

Ordinary divorce procedure

The ordinary divorce procedure is more complicated than a simplified divorce in Scotland. You must use this divorce procedure in the following circumstances:

  1. You have children under 16 years of age, including adopted children and children accepted into the family, even if the divorce is uncontested.
  2. The divorce is uncontested, with or without children under 16 years of age, if the grounds for divorce are unreasonable behaviour or adultery.
  3. All contested divorces.

If you need to divorce using the ordinary divorce procedure, you will need the assistance of a solicitor.

To divorce in Scotland using this procedure, you must serve an Initial Writ. The Writ includes the name and address of the husband and wife and the grounds for divorce.

The divorce form provides brief details, including the date of marriage, the dates of birth of the children under 16 and the date of separation. It also provides brief details regarding the care arrangements for the children.

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Contract types and employer responsibilities

Lawpack on March 27, 2020

When employing staff the tax and employer responsibilities will depend on the type of contract they have and what their employment status is. So it’s a good idea to find out about different types of employment contracts. Read our guide below before you make your mind up.

Full-time/part-time employment contract for an indefinite period

The majority of employment contracts are for an indefinite period. They end by either party giving notice and the period of notice is usually specified in the employment contract but if not, there is an implied term that the contract may be ended by reasonable notice taking into account the ability of the employee, remuneration of the employee and what is usual in the trade.

The contractual notice period must not be less than the statutory minimum period of notice, but if the contractual notice is longer, then the longer period must be given.

As an employer you must give full-time and part-time employees the following:

  • A written statement of employment or contract.
  • The statutory minimum level of holiday.
  • A pay slip showing all deductions.
  • The statutory minimum level of rest breaks.
  • Statutory sick pay and maternity, paternity and adoption pay and leave.

You must also make sure of the following:

  • That these employees don’t work longer than the maximum allowed by law;
  • Ensure that you pay the minimum wage;
  • Have employer’s liability insurance;
  • Register with HMRC; and
  • Consider flexible working requests.

Part-time workers have a right not to be treated less favourably than full-time workers.

Fixed-term employment contracts

A fixed-term contract is one that has a definite end. Fixed-term contracts may provide that a notice to terminate the employment earlier than the original termination date can be given; if there is no notice provision, employment is guaranteed for the full period.

Fixed-term employees are entitled to the same rights as permanent employees. However, if the contract is for less than three months, the employee isn’t entitled to statutory sick pay or medical suspension pay.

Nanny employment contracts

When a nanny or domestic help is employed directly by a family, the family, as their employer, will have legal obligations. Nannies have basically the same statutory rights as all other employees. But there are some rights that they don’t have because their employer is exempt as a small employer.

Nannies have:

  • No right to the National Minimum Wage, if they are living with the family;
  • No right to a stakeholder pension;
  • No rights against discrimination on the grounds of disability;
  • No automatically unfair dismissal rights if the dismissal is due to pregnancy or giving birth (but the nanny will still have the right to claim unfair dismissal, it just won’t be automatically unfair).

As an employer you must:

  • Deduct the correct amount of PAYE from your nanny’s pay;
  • Work out what  National Insurance contributions you and your nanny have to pay;
  • Keep a record of your nanny’s pay, tax and National Insurance contributions; and
  • Pay the total tax and National Insurance contributions to HMRC.

There are organisations that carry out payroll services for families employing nannies. This is a good way to make sure that your legal obligations as an employer are met.

Help from Lawpack

If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

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Divorce and financial orders explained

Lawpack on March 27, 2020

During divorce, when you and your spouse finally reach agreement over your finances, it’s vital that you reflect the terms of the settlement in a financial order. If you don’t, any financial agreement you reach won’t be binding. A financial order sets it in stone!

It’s only through a court order that your financial claims against each other can be dismissed, making it impossible for either of you to make financial claims against each other in the future. It’s important that you obtain a formal court order if you want to achieve absolute finality between you in relation to your financial settlement.

The divorce court can make financial orders any time on or after the pronouncement of the decree nisi. If you’re not able to agree the terms of your financial settlement, the divorce court will draft the financial order for you.

If you do reach agreement, you’re expected to draft the agreement between you and it’s then lodged at the divorce court for formal approval and sealing by a judge, providing that the judge is happy with the financial order and is satisfied that it reflects the fair terms of the divorce settlement. Once the financial order is sealed, it’s then binding upon both parties.

If you’re planning to remarry and you’re looking for any one of the following financial orders – lump sum financial order, property transfer financial order, sale of property financial order, pension sharing financial order – as part of your financial settlement, then you will need to issue your Form A before you remarry or your right to claim these financial orders will be lost.

Do note that maintenance orders cannot continue past the remarriage of the receiving spouse.

Related Products:

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Do I need a solicitor for my divorce?

Lawpack on March 27, 2020

More and more couples are opting for a quickie divorce and using the DIY divorce route to save money and time. But is a do-it-yourself divorce for you?

To find out if you need a solicitor or if you can manage a DIY divorce ask yourself the following…

Are you sure you have the proper grounds for divorce?

Your rights to a divorce are not automatic. You must show one of the five facts (outlined in our ‘Grounds for divorce‘ article) that prove the legal requirements to get a divorce.

You may need a solicitor to tell you whether you have a ground for divorce.

Is your divorce contested or uncontested?

If you and your spouse both agree that you should divorce, then your divorce will be uncontested. The vast majority of divorces are uncontested, so our Separation & DIY Divorce Kit and DIY Divorce Services suit most needs.

But if one spouse is unwilling to divorce, the divorce will be contested by that spouse. In this case, the services of a solicitor will be needed to determine whether there are grounds for divorce.

In an uncontested divorce you don’t necessarily need a solicitor unless you disagree on other issues, such as the division of your property or the levels of maintenance payments (properly known as ‘periodical payments’ in England and Wales and ‘periodical allowances’ in Scotland) to be paid by one spouse to the other, either for the benefit of your children under 18 or for the receiving spouse, or both.

Do you have minor children?

The most important issues in divorce are those involving the welfare of any child under 18 (under 16 in Scotland), known as ‘minor’ children. These issues include child support, parental responsibility and divorce orders for residence and contact (formerly known as ‘custody’ and ‘access’).

Because these issues are so important, the divorce court will be concerned that what has been decided is in the best interests of the minor children. Because the welfare and proper care of your children are paramount, it can be a good idea to ask a solicitor to approve the divorce agreements concerning your children that you and your spouse have made. An experienced solicitor can guide you to a divorce settlement that the divorce court will approve as being in the best interests of the children.

Do you have property which can be easily divided?

If your divorce consists of nothing more than deciding who gets the dog and the furniture, then you and your spouse can easily resolve these questions on your own without a solicitor. In order to ensure that you have no further financial claims on each other in the future, it will be necessary for you to obtain a consent order to this effect.

In Scotland, if no financial order is made on divorce or in a registered separation agreement, there can be no further financial claims on each other in the future once the divorce decree has been granted and the divorce appeal period has passed.

Do you have substantial assets?

If you own substantial property, you will want to consult a solicitor to make sure that you receive your full entitlement and that the division of property is tax efficient.

Even if the division of your property is likely to be straightforward, you may wish to seek the assistance of a solicitor to ensure that the agreement reached between you and your spouse is recognised by the divorce court as final and not something to be revisited in the future. You do this by setting the terms of your divorce agreement down in a consent order which the divorce court will then seal.

In Scotland, if the financial agreement is in a registered separation agreement, it doesn’t need to be recognised by the court or sealed by the court.

Do you or your spouse have connections abroad?

If you’re a foreign national or are living abroad, it may be appropriate, or more financially advantageous, for you to be divorced abroad rather than in the UK. If this applies to you, contact a solicitor immediately, as often any delay in issuing proceedings can be damaging to your claims. There are also different rules of service for those living abroad including those serving in the forces.

Do you need or expect future support from your spouse?

If you expect to be financially dependent upon your spouse after the divorce, you may need a solicitor to help you negotiate periodical payments and to make the obligation binding by means of a divorce court order.

To conclude…

You can do a DIY divorce if:

  • you and your spouse both want the divorce and agree on the division of property (if there are pension assets that you have agreed to divide, you should consult a solicitor, as they can only be divided after specific court orders have been made – this is a complex area);
  • you have no minor children;
  • your assets are not substantial;
  • you are not disputing maintenance or child support;
  • you are certain that you have the proper grounds for divorce.

Even if you need a solicitor for financial matters, you could still save yourself money by conducting the divorce yourself, seeking advice from a solicitor only as and when necessary and by seeking to agree on matters with your spouse as much as possible.

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Guide to maximum weekly working hours and opting out

Lawpack on March 27, 2020

Your employees don’t have to work for more than 48 hours a week on average unless they want to. But what if your employees are happy to opt out of these rights? Read on to see how it can be done.

The weekly maximum working hours

Normal working hours should be set out in the employment contract or written statement of employment particulars. Adult workers (over 18) can’t be forced to work more than an average 48-hour week. They can work more than 48 hours in one week as long as on average over 17 weeks it’s less than 48 hours per week.

An employee’s working week isn’t covered by the working time limits if they have a job:

  • where they can choose freely how long they will work (e.g. managing executive);
  • in the armed forces, emergency services and police (in some circumstances);
  • as a domestic servant in a private house;
  • as a sea transport worker, a mobile worker in inland waterways or a lake transport worker on board seagoing fishing vessels.

Since 1 August 2009 the 48-hour maximum working hours apply to trainee doctors. The hours are averaged over a 26-week period.

Opting out of the 48-hour week

If an employee (over 18) wants to work more than 48 hours a week, then they can opt out of the 48-hour limit. This is voluntary and must be in writing. It can’t be an agreement with the whole workforce, but employers are allowed to ask individual workers if they’d like to opt out. The only way to ensure that an employee has opted out of the 48-hour limit is to get it in writing. You can ensure this is done legally by downloading Lawpack’s Working Time Regulations 48-hour Opt out Agreement.

There are a number of employees who can’t opt out. They are workers such as airline staff or workers who operate vehicles (e.g. delivery drivers and bus conductors).

An employee can’t be sacked or unfairly treated (e.g. refused promotion or overtime) for refusing to sign an opt-out. If an employee refuses to sign an opt-out agreement and is dismissed, that dismissal is automatically unfair, no matter how long they have worked for.

An employee can cancel their opt-out agreement whenever they want, even if it’s part of their employment contract. They just need to give their employer seven days’ notice. This notice could be up to three months if the employee agrees this with their employer in the written opt-out agreement.

What counts as ‘working hours’?

As well as carrying out their normal duties, an employee’s working week includes:

  • job-related training;
  • job-related travelling time (e.g. as a sales rep);
  • working lunches (e.g. business lunches);
  • time spent working abroad, if the employee works for a UK-based company;
  • paid and some unpaid overtime;
  • time spent on-call at the workplace.

What doesn’t count as ‘working hours’?

An employee’s working week doesn’t include:

  • breaks when no work is done (e.g. lunch breaks);
  • normal travel to and from work;
  • time when they are on-call away from the workplace;
  • evening and day-release classes not related to work;
  • travelling outside of normal working hours;
  • unpaid overtime that they have volunteered for (e.g. staying late to finish something off);
  • paid or unpaid holiday.

What happens if, as an employer, I don’t ensure my staff observe a 48-hour working week?

There are penalties from the Health & Safety Executive and your local authority which include prosecution and fines. In addition, your employee can take action through the civil courts.

Help from Lawpack

This article has been adapted from Lawpack’s Small Business Handbook, a comprehensive guide to running your business efficiently and packed with business management tips and templates.

If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

Other information

 

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