Working Time Opt-out Agreement Template

This working time opt out agreement template is written confirmation that your employee or worker wishes to be able to work more than 48-hours per week. Read more
Legislation GB-EAW
Topics Updated by a lawyer: 3 Apr 2024

What is this working time opt-out agreement template?

This working time opt-out agreement template allows you to formalise an agreement for an employee to opt out of the maximum weekly working time limit of 48 hours.

An employee can choose to work more than 48 hours a week on average if they are over 18. This is known as “opting out”.

By signing this letter, both an employer and your employee can mutually agree that the 48-hour weekly working time limit will not apply, granting you the flexibility to exceed this limit when necessary. This template provides a clear and legally compliant way to establish this agreement in writing.

The complex bit (made simple!)

UK employment law stipulates a number of rights related to employees and workers. While many of these are set in stone, there are certain rights that an employee or worker can choose to opt-out of, including the right to refuse the cap on the length of time they can engage in work during a week.

Opting out of the 48 hour week: The default position under English law is that employees and workers cannot work more than 48 hours per week on average. However, an individual can agree with their employer to remove the cap (so that they are able to work more than 48 hours per week). For this, you would need to use a working time opt-out agreement. This working time opt-out agreement template is written confirmation that your employee or worker wishes to be able to work more than 48 hours per week.

Must be voluntary: You cannot force an individual to sign a working time opt-out document. If an individual refuses to opt out of their 48 hours working cap, an employer has additional record-keeping obligations. This includes monitoring an employee’s working hours so the business can evidence that their employees or workers have not exceeded the 48-hour limit.

Benefits of using this working time opt-out agreement template

  1. Compliance and clarity: Ensure your business complies with legal requirements while maintaining transparency. Our template is designed to meet the legal standards set by the Working Time Regulations 1998, offering both parties a clear understanding of their rights and responsibilities.

  2. Flexible scheduling: Embrace flexibility in your workforce management. This template allows you to adapt working hours to meet the needs of your business, accommodating busy periods or specific projects.

  3. No obligation: Employees are under no obligation to sign this agreement, and their decision will not result in any adverse consequences. This template promotes a fair and voluntary approach to working time arrangements.

When should you use this template?

This working time opt-out template should be used when:

  • You and an employee mutually agree to exceed the 48-hour weekly working time limit.
  • You want to establish a clear written record of the opt-out agreement in accordance with the Working Time Regulations 1998.
  • You value flexibility in workforce scheduling to meet business demands.

Key sections in the working time opt-out agreement template

  • Agreement overview: The letter outlines the agreement to opt out of the maximum weekly working time and the worker's acknowledgement of this decision.

  • Termination clause: Both parties can terminate this agreement at any time by providing written notice. The template offers flexibility and fairness in case circumstances change.

When should you not use this template?

Our working time opt-out letter should not be used if:

  • There is no mutual agreement between you and the employee to exceed the 48-hour weekly working time limit.

  • Your business does not require flexibility in working hours that exceeds the legal limit.

  • The employee is a member of airline staff, a worker on ships or boats, a worker in the road transport industry, or a security guard on a vehicle carrying high-value goods. For more information about the industries that this cannot apply to, check out the government website.

Unlock the potential for flexibility in your workforce management while ensuring legal compliance with our working time opt-out letter. Empower your employees with the choice to opt out voluntarily, enhancing productivity and adaptability within your organisation.

How can Docue help?

Template that adapts to your needs: Docue’s working time opt-out agreement template is drafted and maintained by lawyers. Simply click through the intelligent tick box options and text box answers and you’ll have a ready-to-use agreement in no time.

E-signature and storage included: Once you have completed the document, you can sign it electronically. After the document has been finalised, you can store all of your legal documents securely in Docue Drive.

Affordable pricing: At Docue, we believe in transparent and cost-effective pricing without any hidden fees.

Sign up with Docue and see how easy it can be to create a professional-quality working time opt-out agreement template in no time.

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Legislation GB-EAW
Topics Updated by a lawyer: 3 Apr 2024

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