A short, simple agreement that records an employee choosing to opt out of the weekly working time limit, with clear terms for withdrawing consent later.

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Further Reading

Further guidance on working time and employment terms:

• Contracts, Policies and Working Time
• Managing Staff Absence
• Managing Staff and Workers knowledge base

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Opt Out of the 48-Hour Week Form Template

This opt out of the 48-hour week form is an individual agreement for an employee who chooses not to be bound by the average weekly working time limit. It explains the limit, records the employee's request to opt out with their printed name, and sets out the terms for withdrawing consent, followed by signature and date.

In a management system it is part of the record of working hours, which ISO 45001 takes into account as part of how work is organised when identifying hazards (clause 6.1.2), and it helps show working time rules are met as a compliance obligation (clause 6.1.3). The form is marked Confidential.

Built for Clear Working Time Records

The form puts an employee's choice on working hours in writing.

• Records the employee's written agreement to opt out of the weekly working time limit.
• Explains the limit and how it is averaged, in plain terms, on the form itself.
• Sets out how the employee can end the agreement by giving notice in writing.
• Gives a signed and dated record to keep on the personnel file.

What's Included in this Opt Out Form

The agreement is laid out under clear headings.

• Restriction - the average weekly working time limit and its reference period, and the option for a worker to agree in writing that it should not apply.
• Consent - the employee's request to opt out of the working week limit, with their printed name.
• Terms of Withdrawal of Consent - the one month's written notice the employee gives to end the agreement, after which the limit applies again.
• Signature - signature and date.

Using the Opt-Out Form

Give the form to the employee to read through. If they choose to opt out, they print their name, sign and date the consent, and you keep the signed copy. The form explains that the employee can end the agreement later by giving one month's notice in writing.

Keeping the Signed Agreement

The form is marked Confidential. Keep the signed agreement with the employee's personnel record, and note the date of any written notice to withdraw so working hours can be planned once the notice period ends.

Who Needs an Opt Out of the 48-Hour Week Form?

Employers whose staff sometimes work long hours, such as in busy seasons, on shift patterns or on site work. It is offered to employees who choose to work beyond the limit and kept on file for as long as the opt out is in place.

Pairs with the Employment Letter and Contract

The opt-out sits alongside the employee's terms of employment, so it pairs with the F-HR15 Employment Letter and Contract, which sets out working hours and the other terms for a new employee.