Maximum weekly working hours
Opting out of the 48 hour week
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 to do so.
You can opt out for a certain period or indefinitely. It must be voluntary and in writing.
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 out
You cannot opt-out of the 48 hour week if you’re:
- airline staff
- a worker on ships or boats
- a worker in the road transport industry, for example delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers� hours rules)
- other staff who travel in and operate vehicles covered by EU rules on drivers� hours, for example bus conductors
- a security guard on a vehicle carrying high-value goods
Cancelling an opt-out agreement
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 more notice (up to 3 months) if you have a written opt-out agreement.
Your employer cannot force you to cancel your opt-out agreement.