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Recruitment document package
Contract of employment document library

Working time opt out agreement letter template

When to use it

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.

[Company name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

WORKING TIME REGULATIONS OPT OUT AGREEMENT

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, the Regulations enable individual employees to 'opt out' of this regulation and work in excess of this 48-hour limit. 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. Should you decide that you no longer wish to

The full Working time opt out agreement letter template will be available once purchased.

Reviewed 30 April 2022

Contract of employment explained

A contract of employment (also known as terms and conditions) serves as the legal basis for employment and sets out 'terms' of the contract. These include:

  • employment conditions
  • rights
  • responsibilities
  • duties

A contract is legally binding document and you should be fully satisfied that it is legal and correct before it is issued.