You can choose to work more than 48 hours a week on average if you’re over 18. This is called ‘opting out’.
Your employer can ask you to opt out, but you cannot be sacked or treated unfairly for refusing.
You can opt out for a certain period or indefinitely. It must be voluntary and in writing.
Your employer must keep a record that you’ve opted out.
Example of opt-out agreement:
I [worker’s name] agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer [amount of time - up to 3 months’] notice in writing to end this agreement. Signed…………………………………… Dated…………………………………….
Workers who cannot opt outYou cannot opt-out of the 48 hour week if you’re:
You can cancel your opt-out agreement whenever you want - even if it’s part of your employment contract.
You must give your employer at least 7 days’ notice. You may have to give your employer up to 3 months’ notice depending on what’s in your agreement.
Your employer cannot force you to cancel your opt-out agreement.
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