Your browser does not support JavaScript
Document search
Client account
Hello, sign in
Shopping basket

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

[Sender name]

[Sender address]


[Recipient name]

[Recipient address]

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

This is a word-limited preview. The full template will be displayed here in full once you purchase it individually, or when you purchase the recruitment template pack.

Recruitment template pack

Recruitment template pack

Unlimited downloads of this Working time opt out agreement letter template, all other Contract of employment templates, AND everything else in the Recruitment template pack for 12 months.

Exit interview documents

By performing an exit interview with an employee before they go, you’ll have an opportunity to get honest feedback about positive and negative experiences, identify potential areas of opportunity for increasing employee retention, identify opportunities to improve engagement, and get valuable insight to help hire their replacement.

Health and safety policies

Model policies to help you create and maintain legally compliant rules for your organisation on health and safety.

Disciplinary documents

Disciplinary procedures enable you to ensure that employees keep to the rules.

Confidentiality documents

Confidentiality, or not disclosing certain information, is important in a wide range of jobs.