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Explanatory Notes
Employee Working Time Regulations Opt-out Letter
1. This letter must not be used in respect of employees below the age of 18 who are unable to opt-out of the WTR restrictions [essentially they are limited to a maximum of 8 hours per day, 40 hours per week and in most cases are not permitted to work between the hours of 10 pm and 6 am, or, exceptionally, 11 pm and 7 am]. 2. Night Workers defined as those who customarily work at least 3 hours per day between 11pm and 6 am are also unable to opt-out. Note that Night Workers are subject to particular provisions including the right to annual health checks at the employer's expense. Further guidance may be obtained from either ACAS or the DTI. 3. Employees in the road haulage industry are covered by provisions peculiar to them and therefore this letter is unsuitable for such employees. 4. Where an employer enters into a legally binding "Workplace Agreement" with either a recognised Trade Union or employee representatives such as a Staff Association it is possible to agree more flexible provisions relating to both the period used to calculate an employee's average hours (up to 52 weeks) and the length of notice that an employee must give to withdraw an opt-out (up to 3 months). In the absence of a Workplace Agreement the averaging period is fixed at 17 weeks and an employee need give no more than 7 days notice. 5. It is important that an employee both understands the effect of signing the opt-out and is not placed under pressure to do so. For this reason it is inadvisable to incorporate an opt-out within a new employee's Contract of Employment: the two documents should be quite separate. 6. This letter is in accordance with the law as at 1st April 2007.
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