Working time opt out agreement letter template
Reviewed 4 April 2021
By law 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.
Working time opt out agreement
Dear [Recipient first name],
Working Time Regulations Opt Out Agreement
On 1st October 1998 the Working Time Regulations 1998 placed restrictions on the average number of hours an individual employee is able to work per week.
The problem: The regulations clearly state that employees must not work more than an average of 48 hours per week. This 48-hour 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.
The solution: The Regulations enable individual employees to 'opt out' and work in excess of this 48-hour limit. However, any agreement to opt out of this 48-hour limit must be in writing. Therefore, the Company would be grateful if you would sign and date the Consent Form enclosed and return it to [name] before [date].
If you sign the Consent Form, this arrangement is not necessarily permanent. S
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