Working time regulations opt out letter template
Our Working Time Regulations Opt-Out Letter template enables employees to formally opt out of certain working time regulations, maintaining legal compliance and clear communication.
Use this model working time regulations opt out letter where an employee would like to opt-out of the weekly 48-hour working time limit.
- 1 page / 242 words.
- Last updated 25/08/2023.
- Designed for United Kingdom use.
- Suitable for use in other territories; check local laws first.
- Instantly download as Word / PDF / plain text, or send by email.
- Includes 12 months’ access, with all updates to this page provided free of charge and notified to you.
Working time regulations opt out letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Working Time Regulations opt out
The Working Time Regulations 1998 place restrictions on the average number of hours an individual employee is able to work per week. These regulations state that employees must not work more than an average of 48 hours per week. This average includes both basic working time and any overtime.
Therefore, the law means that you are prevented from working any overtime which would result in your average working week exceeding 48 hours. However,
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An employee cannot work more than an average 48 hours a week, unless either they agree to work more hours (known as 'opting out' of the weekly limit). They can do this by signing a written agreement, known as an 'opt-out agreement'.
This agreement should be separate from the employment contract.
The employee does not have to agree to opting out of the legal limit. The employer should not treat the employee any differently if they do not opt out.
It is usually delivered to the Employee by the Employer / HR.
It should be actioned upon joining the organisation, and / or as and when needed.
Compliance
Compliance
This Working time regulations opt out letter template incorporates relevant UK laws and HR standards, including those listed below:
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Working Time Regulations 1998: The primary legislation governing working time, including provisions for employees to opt out of the maximum weekly working hours.
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Employment Rights Act 1996: Ensures employees are informed and have the right to opt out of the 48-hour working week restriction.
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Health and Safety at Work Act 1974: Requires that opt-out letters are communicated transparently and without placing employees' health and safety at risk.
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Data Protection Act 2018 (incorporating GDPR): Mandates the handling of personal data in the opt-out letter process according to data protection principles.
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Equality Act 2010: Requires opt-out communication to be provided fairly and without discrimination, respecting all employees' rights equally.
Timings
Timings
Follow these best practice actions to get the most from the Working time regulations opt out letter template, guiding you before, during, and after implementation:
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| Step | Description | Responsibility | Timing |
| 1 | Identify Need for Opt Out | HR/Management | As employment begins / as required |
| 2 | Inform Employee About Regulations | HR | Within the first week |
| 3 | Provide Explanation and Form | HR | Within the first week |
| 4 | Issue Working Time Regulations Opt Out Letter | HR | Within the first week |
| 5 | Obtain Signed Opt Out Letter | Employee/HR | Before the end of the first week |
Frequently Asked Questions
Frequently Asked Questions
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Can I use this template in my small business?
Yes. The Working time regulations opt out letter template is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.
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Is this template compliant with 2025 UK employment law?
Absolutely. All of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.
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Can I customise it for my organisation?
Yes, we highlight the areas that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
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Do I get instant access?
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.
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What if I need more help, not just this template?
If you're looking for broader support, we also offer toolkits and library bundles that include this template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
