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Working time regulations opt out letter

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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.

Reading time
How long to understand and implement this letter?
5 mins
Word count
How many words in this letter?
242
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What is a Working time regulations opt out letter?

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.

Best practice timescale for this to be issued
When should this letter be issued?
Upon joining the organisation, and / or as and when needed
Issued by who, to whom
Who should issue this letter, and to whom?
The Employer (you) to the Employee
Applicable legal jurisdiction
In which jurisdiction can this letter be used?
Great Britain & NI (United Kingdom)

How can I ensure that this letteris executed effectively?

Step Description Responsibility Timing
1 Identify Need for Opt Out HR/Management As employment begins / as required
2 Inform Employee About Regulations HR Within the first week
3 Provide Explanation and Form HR Within the first week
4 Issue Working Time Regulations Opt Out Letter HR Within the first week
5 Obtain Signed Opt Out Letter Employee/HR Before the end of the first week

What legislation and best practice guidelines have been taken into account in the development of this template?

  • 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.

Working time regulations opt out [Delete this line]

[Company 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, 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 opt out of the 48-hour maximum working week, then you can withdraw your consent by giving the Company [1 | 3 | 6] months written notice of this intention.

Refusal to sign the Consent Form will not result in any action against you. However, it will mean that you are prevented from working any overtime which would result in your average working week exceeding 48 hours.

If you have any queries in relation to any aspect of this letter, please do not hesitate to contact [name]. We look forward to hearing from you.

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

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£ 9

Get much more with our
Employment contract template toolkit:
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Working time regulations opt out letter
working time regulations opt out letter