48 Hour Opt Out Letter by Business Gateway
The Business Gateway 48-Hour Opt Out Letter allows employees to voluntarily agree to work more than the average 48-hour weekly limit set by the Working Time Regulations 1998. It provides flexibility for both employer and employee while ensuring compliance with legal requirements and maintaining the employee’s right to withdraw consent with notice.
48-Hour Opt Out Letter
(on headed paper) – not suitable for Apprentices or young people under the age of 18 years
Dear [employee name]
Working Time Regulations 1998 – 48-Hour Opt Out Letter
Under the Working Time Regulations 1998 a worker’s average weekly working time (including overtime) calculated over a rolling 17 week period must not exceed 48 hours.
The Regulations provide that this limit will not apply where a worker has agreed with his Employer, in writing, that it should not apply in his case.
I am therefore asking you to agree to opt out to enable you to decide on your own hours of work.
You may withdraw your agreement by giving the Company three months advance notice in writing. Please confirm your agreement by signing where indicated on the section below.
Yours sincerely
For and on behalf of [company name]
Signature
[company representative name]
[company representative title]
I agree that the limit specified in Regulation 4 (1) of the Working Time Regulations 1998 shall not apply in my case.
Signed: __________________________________________
Name: (please print) [employee name]
Date: [signature date]
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About this template
What is this template?
This is a formal letter and consent form issued by an employer to a worker. It is not suitable for apprentices or individuals under the age of 18. It contains a specific three-month notice period for withdrawal and a reference to the rolling 17-week calculation period.
When should you use it?
Use this when an employee needs to work beyond the statutory weekly limit in the United Kingdom. If you are instead ending an employment relationship entirely, use a Settlement Agreement.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Heading | Working Time Regulations 1998 | States that average weekly working time over a rolling 17 week period must not exceed 48 hours. |
| Paragraph 2 | Opt Out Agreement | Displaces the statutory limit through a written agreement between the worker and the Employer. |
| Paragraph 4 | Withdrawal Notice | Permits the worker to withdraw their agreement by giving the Company three months advance notice in writing. |
| Signature Section | Regulation 4 (1) Consent | Provides the formal text for the worker to waive the limit specified in Regulation 4 (1). |
Who it's for
- a UK employer seeking a written waiver from a staff member to work more than 48 hours weekly
- a worker over 18 years old who wants to decide their own hours of work
How long it runs and how it's signed
Law it's drafted under
England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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