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.