[name and address of employee]
Dated: [insert date]
Request for Opt-out From Workers Always Working More Than 48 Hours a Week
Dear [insert name of employee],
As you may be aware, the Working Time Regulations 1998 impose a limit on your working time. The precise calculation of the limit is complicated but, in broad terms, your average working time is limited to an average of 48 hours a week but you may ‘opt out’ of the limit if you wish to.
You are normally going to work more than 48 hours a week and, unless you agree to ‘opt out’ from the limit, we would need to restrict your hours to the maximum permitted by the Working Time Regulations 1998.
We are therefore inviting you to ‘opt out’ by signing the agreement at the end of this letter. If you agree to exclude the limit now, you may change your mind and withdraw your agreement by giving us [7 days’/3 months’] notice.
If we decide at a later date that it is not necessary for you to ‘opt out’, we may wish to end the opt-out and therefore reserve the right to give you [7 days’/3 months’] notice ending the opt-out. If you ‘opt out’, your hours of work will continue to be determined as set out in your contract or written statement of terms.
The Working Time Regulations 1998 are designed to protect your health and safety. We would not want your health or safety to be affected by your working conditions and, if you ever feel that they may be, please bring that to the attention of [insert name and job title].
If you are willing to do so, please sign the agreement on the attached copy of this letter. If you have any questions, please speak to [insert name and job title].
[name of employer representative]
For and on behalf of [insert name of employer]
To: [name of employer]
RE: Opt-out From Workers Always Working More Than 48 Hours a Week Request
I have read the above and wish to ‘opt out’ from the limit on working time. Accordingly I agree that my working time may exceed an average of 48 hours for each seven-day period, with effect from [insert date].
My agreement to this will continue indefinitely. However, I reserve the right to change my mind and end my ‘opt out’ by giving the company [7 days’/3 months’] written notice. I agree that the company may also end my ‘opt out’ by giving me [7 days’/3 months’] written notice.
Name: [insert name]