MAKE YOUR FREE Working Time Directive Opt-Out Letter

Making a Working Time Directive Opt-Out Letter online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.

To make your Working Time Directive Opt-Out Letter you will need the following information:

Employer and worker details

• What are the employer’s details (ie their legal structure and name)?

  • If the employer is a company, LLP or partnership, who is signing the Letter on the employer’s behalf?

• Will the Letter be printed on headed paper including the business’ name and address?

  • If not, what is the employer’s address?

• What are the worker’s details (ie their name and address)?

Letter

• On what date will this Letter be sent to the worker?

• Should the Letter state what the worker’s new working hours will be? If so:

  • What are the worker’s new normal hours of work?

  • On what days of the week will the worker work the new normal hours?

• Will the worker’s pay be increased as a result of their opting out of the 48-hour working week?

  • If so, what is the total new pay amount?

Termination

• What is the notice period to terminate the opt-out agreement in this Letter?

• Will the opt-out agreement continue:

  • Indefinitely, until further notice?

  • For a specific period? If so, what is the duration of the agreement?

  • Until a certain date? If so, on what date will the agreement end?

No detriment

• Should the Working Time Directive Opt-Out Letter clarify that the worker will not suffer any detriment if they do not sign this Letter?

Working Time Directive Opt-Out Letters are used to enable staff members to opt-out of the 48-hour working week. To achieve this, this Working Time Directive Opt-Out Letter covers:

Sender and recipient details

The start of the Working Time Directive Opt-Out Letter provides details of the employer (who is requesting that the worker opt-out of the 48-hour working week) and the worker.

Maximum weekly working time opt-out

The body of the Letter covers the details of the opt-out agreement. This includes:

• information about the Working Time Regulations 1998 and what they mean for workers

• the employer’s request for the worker to sign the Letter to disapply the 48-hour working week

• clarification that signing the Letter only changes the worker’s contract with regards to their working hours

• how the opt-out agreement can be brought to an end

Signatures

The employer (or someone acting on the employer’s behalf) should sign the Letter in the space provided before sending it to the worker. If the worker agrees to opt-out of the 48-hour working week, they should countersign the Letter in the space provided and return a copy to their employer. 

If you want your Working Time Directive Opt-Out Letter to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Working Time Directive Opt-Out Letter for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.

Understand how to work out a worker’s average weekly working hours

To work out a worker’s average weekly working hours, add up the total hours they worked in a 17-week period and divide this by 17. If the worker has worked for less than 17 weeks, use the total number of weeks worked to calculate their average weekly working hours. Include all time worked, including time spent on:

• job-related training

• paid overtime

• working lunches (eg business lunches)

• unpaid overtime that you asked the worker to work

Bear in mind that there are some exceptions to using a 17-week period to calculate a worker’s average weekly working hours. For example, a collective agreement can extend the 17-week period to a maximum of 52 weeks. For more information, see the Government’s guidance on maximum weekly working hours.

The 48-hour working week does not mean that workers can’t occasionally work more than 48 hours per week. It simply means that workers cannot work more than 48 hours per week on average.

Be aware that the 48-hour limit applies across all jobs

The 48-hour working week is the legal limit across all jobs worked by the worker. This means that a worker must not work more than an average of 48 hours per week across all jobs they work.

You should speak to your workers about their working hours for each of their jobs. If they work more than one job, you must make sure that they do not work more than an average of 48 hours over 17 weeks in total for all jobs. If the worker works more than an average of 48 hours across all their jobs, you should discuss the worker opting out of the 48-hour workweek. Bear in mind that the worker should not be forced to opt-out and should not suffer a detriment for refusing to opt-out of the 48-hour work week. 

If the worker does not want to opt-out of the 48-hour workweek, speak to them about their reasons. You should also conduct a risk assessment to determine the risks (eg health and safety risks) associated with the worker working more than 48 hours a week. Consider proposing a reduction in hours or discussing how any risks may be solved or entirely prevented.

Don’t pressure workers to sign a Working Time Directive Opt-Out Letter

Opting-out of the 48-hour working week must be done voluntarily by all workers. You must take care not to force or pressure workers to sign a Working Time Directive Opt-Out Letter.

Similarly, you must ensure that a worker who refuses to sign the Working Time Directive Opt-Out Letter does not suffer a detriment because of their refusal. Suffering a detriment is when a worker is treated worse than before and/or has their situation made worse. Examples of detriment include a worker:

• being bullied or harassed in the workplace

• being overlooked for promotions or development opportunities

• having their hours reduced without a good reason and without being consulted

The worker must also be given the opportunity to change their mind about opting-out of the 48-hour work week at any time. 

For more information, read How to opt-out staff from the 48-hour week.

Keep clear records of all opt-out agreements

Under the law, you, as the employer, must keep written records of the worker’s working hours. This means that whenever a worker opts-out of the 48-hour working week you have to keep a written record of their working hours. Such records must be kept for 2 years from the date the opt-out agreement was made. If the worker opts back into the 48-hour working week, you can remove the agreement from your records.

Understand when to seek advice from a lawyer

Ask a lawyer if:

• this Working Time Directive Opt-Out Letter doesn’t meet your needs

• you’re unsure how to calculate a worker’s average working hours

• you engage workers based outside England, Wales and Scotland