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48-hour opt-out

The 48-hour opt-out is a written agreement in which an individual worker voluntarily agrees that the 48-hour average weekly limit in the Working Time Regulations 1998 will not apply to them. It is the only way someone can lawfully average more than 48 hours a week.

How it works

  • It must be individual and genuinely voluntary — a blanket clause buried in everyone's contract, or pressure to sign, doesn't make a valid opt-out, and workers must not suffer detriment for refusing.
  • A worker can cancel at any time by giving notice: seven days by default, or up to three months if the agreement says so. The employer can never cancel the worker's right to opt back in.
  • Employers must keep a record of who has opted out.
  • Some groups cannot opt out at all — under-18s, and roles covered by separate sectoral rules such as mobile transport workers.

What it doesn't change

An opt-out only lifts the weekly average cap. Rest breaks, daily and weekly rest, night work limits and paid holiday all still apply. It is worth watching the hours of opted-out staff anyway: long weeks have a way of showing up in mistakes, sickness and turnover long before they show up in records.

Working Time Regulations 1998, regulations 4–5. ACAS and GOV.UK publish model guidance on valid opt-out agreements.

Tommy totals each person's hours across the reference period for you, so you can see who is actually near the limit — opted out or not.

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