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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.
Use these best practice actions, recommended timescales and process stages to understand when and how the Working time regulations opt out letter should be used, helping ensure each step is handled consistently and appropriately documented.
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.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
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 format (such as .doc or .xls) 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 can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing employment contract processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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