Your browser does not support JavaScript

Agreement to opt-out of the 48-hour working week template

1 min read
£ 15
Or, upgrade to our Terms and conditions toolkit

Use this model agreement to allow an employee to choose to work more than an average 48 hours a week.

We also have budget-friendly bundles featuring this template:

What is an Agreement to opt-out of the 48-hour working week?

An employee can not normally work more than 48 hours a week on average when averaged over 17 weeks. This law is sometimes called the 'working time directive' or 'working time regulations'.

They can choose to work more by opting out, which can be done using this agreement. This is known as an 'opt-out agreement', which should be separate from the employment contract.

Agreement to opt-out of the 48-hour working week template
agreement to opt-out of the 48-hour working week template

Agreement to opt-out of the 48-hour working week


This Agreement is made between:

[Company name] Limited registered in England and Wales under company number (number) whose registered office is at [address] (‘the Company’); and

[Name] of [address] (‘the Employee’)

And hereby states as follows:

The Working Time Regulations 1998 provide that an employer is required to take all reasonable steps to ensure that workers do not work more than an average of 48 hours a week over a 17-week period.  However, a worker may voluntarily agree to work more than the 48-hour average weekly limit.

The Company and the Employee hereby agree that the 48-hour average weekly limit shall not apply to the Employee.  This Agreement will remain in force (for a period of one year/ indefinitely).  The Employee or the Company may terminate this Agreement at any time by either giving not less than (three months’) written notice to the other.

Signed:

…………………………………….

For and on behalf of the Company

 

Signed:

…………………………………….

(Name of employee)

 

Date:

……………………………………….

 

Note:

Where a worker has agreed to work in excess of the 48-hour weekly working limit, the employer is required to keep a record of the workers who have opted-out.

Related articles

Why buy our Agreement to opt-out of the 48-hour working week template?
  • You save time and effort with a professionally written, editable HR document that is tailored to meet best practice.
  • You ensure compliance with applicable ACAS Codes of Conduct and other legal requirements.
  • You are notified by email whenever this template or its supporting resources are updated.
  • You enjoy 12 months of unlimited access with no hidden fees or extra costs.
  • You unlock a 25% discount on all future purchases or renewals of our libraries, toolkits, and templates.

What do our customers say about us?

I have been using the service now for around 6 months and it has been really useful in developing and updating polices and processes.

- Jamie Allan, Armstrong Craven ★★★★★

Armstrong Craven logo

Read full review on Google

Excellent library of resources and templates which have made my job in my small business so much easier to manage HR for my employees...

- Emma Hunt ★★★★★

Read full review on Google

Great value and the site contains an extensive library of essential HR documents. I access the site probably once a week...

- Laura Alliss-Etty ★★★★★

Read full review on Google

A great source of information and advice. I can highly recommend hrdocbox.

- Georgina Loom, The Hygiene Bank

The Hygiene Bank logo

HRDocBox is a great resource. It is incredibly good value, providing a large selection of HR guidance materials as well as...

- Emma Beauchamp ★★★★★

Read full review on Google

Supporting Menopausal Employees and Avoiding Legal Risk
Thu, 22 Feb 24

Supporting Menopausal Employees and Avoiding Legal Risk

Guidance for Employers

The recent announcement from the Equality and Human Rights Commission (EHRC) clarifying the legal obligations surrounding menopause in the workplace has sparked important conversations...