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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.
[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.
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:
| 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 |
This Working time regulations opt out letter template incorporates relevant UK laws and HR standards, including those listed below:
Working Time Regulations 1998: The primary legislation governing working time, including provisions for employees to opt out of the maximum weekly working hours.
Employment Rights Act 1996: Ensures employees are informed and have the right to opt out of the 48-hour working week restriction.
Health and Safety at Work Act 1974: Requires that opt-out letters are communicated transparently and without placing employees' health and safety at risk.
Data Protection Act 2018 (incorporating GDPR): Mandates the handling of personal data in the opt-out letter process according to data protection principles.
Equality Act 2010: Requires opt-out communication to be provided fairly and without discrimination, respecting all employees' rights equally.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Yes, 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.
Yes, we highlight the areas of the document 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.
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.
If you're looking for broader support, we also offer toolkits and library bundles that include the Working time regulations opt out letter template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI-generated templates can be useful as a starting point, but they may not reflect current UK employment legislation, your organisation's specific circumstances, or the wider HR process. This professionally drafted template has been prepared using current UK employment law and HR best practice, helping reduce the need for significant amendments.
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