Do employers have to keep records of the hours worked by those of their workers who have chosen to opt out of the average 48-hour week?

Regulation 4(2) of the Working Time Regulations 1998 (SI 1998/1833) provides that employers are required to maintain up-to-date records of all workers who have signed an opt-out agreement under which they agree to disapply the 48-hour maximum working week. This could simply be a record of the relevant workers' names, together with copies of the signed opt-out agreements. However, it is no longer necessary for employers to maintain records of the hours actually worked by opted-out workers.

On the other hand, where workers have not opted out, reg.9 states that employers are required to keep for two years records that are adequate to show that they have complied with the provisions on maximum weekly working time, although the Regulations do not specify the format in which such records should be kept.