Opt out of Working Hours Regulations for Employees

Workers must exercise choice about working longer hours

At present, UK workers are able to “opt out” of the Working Hours Regulation 48 hour maximum working week and the DTI wants this to continue.

However, it has come to light that some employers are pressurising their employees to sign an opt out agreement and this is illegal. Workers must be allowed to choose whether or not to work more than 48 hours per week. An individual worker may cancel the opt-out agreement at any time although the employer and worker can agree how much notice is needed to cancel (which can be up to three months). But in the absence of an agreed notice period, the worker only needs to give a minimum of seven days’ notice of cancellation. Workers cannot be fairly dismissed or subjected to detriment for refusing to sign an opt-out. As an employer you must keep a record of who has agreed to work longer hours.

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