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Working Time Opt-Out Agreement UK: 48-Hour Rules

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Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
The Working Time Regulations 1998 sit at the heart of how hours, breaks and rest periods are managed in UK workplaces. One of the most talked-about features is the cap on average weekly working hours, which in most cases should not exceed 48 hours when measured across a 17-week reference period. For some roles, though, that ceiling simply does not match the reality of the work. That is where the opt-out comes in. An individual worker can agree, in writing and of their own free will, to work beyond the 48-hour average. This page walks through how the opt-out works, what a written agreement should cover, and the boundaries both employer and worker need to respect. It also flags the situations where opting out is not permitted at all, so you can decide whether this route fits your circumstances.

What this document is

A Working Time Regulations opt-out agreement is a short written record signed by an individual worker, confirming they are happy to work beyond the 48-hour average weekly cap set by the Working Time Regulations 1998. The cap itself is measured as an average over a rolling 17-week reference period, not as a hard limit on any single week, so the opt-out really only matters where a worker's average hours are likely to push past 48.

The agreement must be voluntary. It cannot be slipped into a wider contract as a non-negotiable clause, and it cannot be treated as a condition of being offered a job or keeping one. A worker who has opted out keeps the right to change their mind later by giving notice, and the employer keeps a duty to hold records showing who has signed an opt-out.

Certain sectors, such as some transport roles, sit outside the standard rules and follow their own regimes, so the opt-out is not a universal solution.

How to use this document

  1. Check whether the worker is actually caught by the 48-hour rule. Not every role falls under the standard Working Time Regulations. Some transport workers, for example, are covered by separate sector-specific rules. Before drafting anything, confirm the worker sits within the standard regime and that their average weekly hours are genuinely likely to exceed 48 over the reference period.
  2. Have an open conversation before anything is signed. The opt-out has to be a free choice. Explain what the 48-hour average means, why you are raising the opt-out, and make clear that declining to sign will not affect the worker's job, pay, progression or treatment at work. Give the worker time to think it over rather than asking for a signature on the spot.
  3. Put the agreement in writing. The document should name the worker, confirm they agree to work beyond the 48-hour weekly average, state whether the opt-out runs indefinitely or for a set period, and set out the notice needed to end it. Keep the language plain and the scope clear, so there is no doubt about what has been agreed.
  4. Store the signed agreement and keep accurate hours records. Employers are expected to keep a list of workers who have opted out. Alongside that, keep reliable records of hours worked, rest breaks and leave, so you can show compliance with the wider Working Time Regulations if questions arise later. Records should be kept for the period required under the regulations.
  5. Respect the right to cancel. A worker can end the opt-out by giving written notice. The default minimum is seven days, though the agreement can set a longer notice period of up to three months. Once notice is served and expires, the 48-hour average cap applies again, and the worker must not be penalised for stepping back.

Common questions

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Common questions

Q Can my employer force me to sign an opt-out agreement?
No. The opt-out only works where the worker agrees voluntarily and in writing. It cannot be made a condition of getting a job, keeping a job, or receiving a promotion or pay rise. If a worker feels pressured into signing, the agreement's validity may be open to challenge, and any detrimental treatment linked to refusing to opt out can give rise to a separate legal claim.
Q Does the 48-hour limit apply to every single week?
Not usually. The 48-hour cap is measured as an average across a 17-week reference period for most workers, so a heavy week can be balanced out by quieter weeks. Some roles have their own reference periods. If average hours are consistently pushing above 48 over the reference window, that is the point at which the opt-out becomes relevant.
Q How does a worker cancel an opt-out agreement?
A worker can end the opt-out by giving the employer written notice. The minimum notice is seven days unless the agreement itself sets a longer period, and that longer period cannot exceed three months. Once notice expires, the 48-hour weekly average limit applies again. The worker does not have to give a reason, and should not face any negative consequences for doing so.
Q What counts as working time under the regulations?
Working time generally covers periods when someone is at the employer's disposal and carrying out their duties, including job-related training and travel that is part of the role itself. Ordinary commuting between home and a usual workplace is not working time, and genuine rest breaks are excluded too. Working lunches and on-call time can be included depending on the arrangement.
Q Are there workers who cannot opt out at all?
Yes. Certain groups sit outside the standard opt-out route. These include some workers in the transport sector, who are covered by their own rules, and young workers under 18, who have stricter protections on hours and rest. Before offering an opt-out, check whether the worker falls within a category where the opt-out is unavailable or where different limits apply.
Q Do employers need to keep records of opt-out agreements?
Yes. Employers should keep an up-to-date list of workers who have signed an opt-out and retain the written agreements themselves. Alongside this, records of hours worked, rest breaks and leave should be maintained in line with the Working Time Regulations. Good record-keeping is important if questions come up from workers, HMRC, or the Health and Safety Executive.
Q Does an opt-out change a worker's rights to rest breaks and holiday?
No. The opt-out only relates to the 48-hour weekly average cap. It does not affect statutory daily rest, weekly rest periods, in-work rest breaks or paid annual leave, which continue to apply in the usual way. A worker who has agreed to longer weekly hours is still entitled to their breaks and their paid holiday entitlement under the regulations.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.