Protect yourself when you want to disapply the 48 hour limit on average weekly working time for employees based in England, Wales or Scotland, using this working time directive opt-out letter. This letter of agreement complies with the Working Time Regulations 1998 and contains everything to make sure you observe the law, including the agreement to opt-out, mandatory rights for the worker to withdraw from the agreement.
Overview of the Working time directive opt-out letter
When should I use a working time directive opt-out letter?
Use this opt-out letter:
- to agree that the statutory limit of 48 hours average weekly working time does not apply to a particular worker
- for junior or senior employees
- only for employees based in England, Wales or Scotland
What's included in a working time directive opt-out letter?
This opt-out letter covers:
- the worker's agreement to opt-out of the 48 hour limit on the working week
- the duration of the agreement
- mandatory rights for the worker to withdraw from the opt-out agreement
- any consequential changes to hours of work or pay
What's a working time directive opt-out letter?
A Working time directive opt-out letter is a letter by which an employer and an employee agree on opting-out from the statutory maximum weekly working hours that apply to employees. It sets out the agreed working pattern and outlines the employee's right to withdraw from the agreement.
Do I need a working time directive opt-out letter?
An opt-out letter allows you to disapply the statutory 48 hours limit on weekly working time while remaining in compliance with the law.
For more information read How to opt-out staff from the 48-hour week.
What are the conditions to opt-out from the Working Time Directive?
Employees can opt-out from the directive as long as it is mutually agreed in writing with the employer.
However, some workers cannot opt-out, namely:
- airline staff
- workers on ships or boats
- workers in the road transport industry (eg delivery drivers)
- other staff who travel in vehicles covered by the rules on drivers' hours (eg bus conductors)
- security guards on a vehicle carrying high-value goods, and
- people under 18
For more information read How to opt-out staff from the 48-hour week.
Can the employee withdraw from the opt-out agreement?
Employees can withdraw from the opt-out agreement whenever they like - even if the opt-out provision is part of their employment contract. To do so, the employee must give at least 7 days written notice. A longer notice period may be agreed with the employer, but it can be no longer than 3 months.
For more information read How to opt-out staff from the 48-hour week.
Can the employee refuse to sign the opt-out letter sent by the employer?
Yes - opting out must be voluntary and the employer cannot force employees to agree on it.
What are the consequences of an opt-out letter on hours of work?
When opting out, the employee agrees that their average weekly working time may exceed 48 hours a week. For more information read How to opt-out staff from the 48-hour week.
How long should the opt-out agreement last for?
The length of the opt-out agreement is decided by the parties. They can opt out for a certain period or indefinitely.
Further advice
Ask a lawyer for:
- workers based outside England, Wales or Scotland
This letter of agreement to disapply the limit on average weekly working time complies with the Working Time Regulations 1998.