48 hour opt-out
- Quick and easy to complete
- Provides a clear record of staff member's agreement
- Requires the maximum permitted notice period if staff member later wants to withdraw
You can use this form to record a staff member’s agreement to opt-out of their right to work no longer than 48 hours per week on average.
It’s important that your staff member is not pressured into signing the agreement, and isn’t subjected to any detriment if they refuse.
The staff member can withdraw their agreement if they wish, with a minimum of 7 days’ notice; the notice period can be increased up to a maximum of 3 months if you both agree. This form requires the staff member to agree that they will give the maximum of 3 months’ notice of withdrawal.
Q&A
When should I use this document?
This form should be used where a staff member is agreeing to opt-out of their legal right to work an average of 48 hours per week or less.
Any such agreement needs to be recorded in writing and signed by the staff member, which this form allows for.
This form can be completed at the time the staff member signs their contract with you, or separately at a later date.
What does this document cover?
This form states that the staff member agrees to opt-out of the legal working time limit of 48 hours per week (on average). This means that the limit will not apply to them.
It also states that if the staff member wishes to withdraw their agreement to this opt-out, they will need to give a minimum of 3 months’ notice. This is the maximum notice period allowed by law.
Why do I need this document?
Unless they have opted out in writing, your staff members have the right not to work more than 48 hours per week on average. Your business could face criminal sanctions if your staff work over this limit and have not opted out.
You are required to keep a record of all opt-outs for at least two years.
The 48-hour working time restriction applies to all employees, casual workers, apprentices and agency workers. It does not apply to self-employed freelancers, so you won’t need them to sign this form.
Where can I find out more?
For further guidance on working time, see Rules about working hours.
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