Working time: Obtain a worker's agreement to opt out of the 48-hour working week

When to use this workflow

Use this workflow to deal with the legal and practical steps that an employer must address when it wishes an adult worker to enter into an agreement to opt out of the 48-hour working week under the Working Time Regulations 1998.

The employer must not put pressure on the worker to opt out of the 48-hour working week, or subject him or her to a detriment for refusing to do so.

Any written opt-out agreement offered to the worker should contain provisions regarding its duration and the notice on which he or she can terminate it and opt back into the 48-hour working week.

This workflow is an example of a legally compliant process. Where your organisation's own procedures go beyond the procedure set out in this workflow, you should follow these.

Workflow authors: Produced by the XpertHR editorial team with the assistance of Tim Crane.

Key Steps

  • Determine if the worker is exempt from the 48-hour working week or covered by different rules
  • Decide the terms of the opt-out agreement
  • Retain an up-to-date record of the opt-out
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