Employee Working Time Regulations Opt-out Letter (E121)

What is this Working Time Opt-out letter for?

If you want an employee to work more than 48 hours a week on average, get them to sign a letter agreeing to opt out of the Working Time Regulations 1998 (as amended).

You need this document if you are an employer whose staff wish to work longer than an average of 48 hours per week.

The letter is short and to the point and you should keep a copy  of all current opt-outs and a list of all who have signed an opt-out.

The period of time used to calculate an employee’s average hours is 17 weeks and the length of notice that an employee must give to withdraw an opt-out agreement is a minimum of 7 days.

Other points:

• You do not have to monitor the hours worked of those who have opted out
• Do not use the letter for employees under the age of 18 as they are not allowed to opt out
• Also, if you employ night workers, they cannot opt out on an individual basis.    (A night worker is someone who customarily works at least 3 hours per day between 11pm and 6 am)
• Do not use the letter for employees in the road haulage industry, for whom special provisions apply.

For more information on each of these sections, see our Explanatory Notes  which you will  receive when you download the document from our website.

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