Working Time Regulations 48-Hour Opt-out Agreement

The Working Time Regulations 1998 incorporated the European Working Time Directive (EWTD) into English law.

The European Working Time Directive places a cap on the maximum number of hours that an employee aged 18 or over can work on average each week. The cap is an average of 48 hours a week taken over 17 weeks. Workforce or collective agreements can extend the period over which to base the average upon. Please note that Working Time includes travelling where it is part of the job, working lunches and job-related training but it does not include time spent travelling to or from work or non-working lunches or rest breaks. Employers must keep records of workers’ hours to show that they are complying with the Regulations.

The Working Time Regulations allow a worker to opt out of the 48-hour-week restriction by written agreement in a number of ways, including by way of an amendment to the individual's contract of employment. However, this must be in writing, signed by the worker and terminable by the worker on a minimum of seven days' (but not more than three months') notice.

This Working Time Regulations 48-Hour Opt-out Agreement template shall be used where workers wish to opt out of the 48-hour average working week in order to undertake additional work for the employer. It is in accordance with the legal requirements and it legally allows employees to opt out of the 48-hour limit.

The Working Time Regulations 48-Hour Opt-out Agreement can be for a specified period or an indefinite period. Workers are free to cancel their consent at any time provided that they give their employer the required notice period (at least seven days' notice but not more than three months' notice).

Employees must not be coerced or put under pressure to sign an opt-out agreement. Also, employees must not suffer any detrimental treatment or be subject to any disciplinary or dismissal procedure for either not opting out or for withdrawing their consent (provided the correct notice is given).

Please note that even if a worker has agreed to opt out, he cannot be required to work excessively long hours if this creates a reasonably foreseeable risk to health and safety.

Please note that young employees (employees under 18 years old) cannot work more than 40 hours a week, or 8 hours a day. These figures cannot be averaged out and young employees cannot opt out of their cap. Thus, this Working Time Regulations 48-Hour Opt-out Agreement shall not be used for young employees.

This Working Time Regulations 48-Hour Opt-out Agreement is in Microsoft Word format, written in plain English, easy to use and edit.