Working Time Regulations Exemption Letter - Form

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For the attention of: ________
________
________

Dear Sir/Madam,

RE: Individual Opt-Out Agreement under Regulation 5 of the Working Time Regulations 1998

This letter constitutes my individual written agreement, made pursuant to Regulation 5 of the Working Time Regulations 1998 (SI 1998/1833), that the maximum average weekly working time limit of 48 hours imposed by Regulation 4(1) of those Regulations shall not apply to me in respect of my employment with ________ (the "Employer").

1. Parties and Employment Details
   1. My name is ________ and I am employed by the Employer in the position of ________ under a contract of employment commencing on ________ (the "Employment").
   2. My employee or payroll reference is ________.
2. Agreement to Opt Out
   1. I agree that, for the duration of this agreement, the limit of an average of 48 hours of working time for each seven-day period referred to in Regulation 4(1) of the Working Time Regulations 1998 shall not apply to me.
   2. I confirm that I am entering into this agreement freely and voluntarily, and that I have not been subjected to any detriment, coercion or pressure to do so.
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3. Duration and Commencement
   1. This agreement shall take effect on ________ and shall continue in force unless and until terminated in accordance with paragraph 4 below.
   2. This agreement shall remain effective for an indefinite period save where an end date is specified here: ________.
4. Termination of the Agreement
   1. I understand that I may bring this agreement to an end at any time by giving written notice to the Employer.
   2. The period of notice required to terminate this agreement shall be ________, which shall not exceed three months as provided for under Regulation 5(3) of the Working Time Regulations 1998.
   3. Where no notice period is agreed, the statutory default notice period of seven days shall apply in accordance with Regulation 5(2) of the Working Time Regulations 1998.
   4. Upon expiry of the applicable notice period, the 48-hour average weekly working time limit shall once again apply to my Employment.
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Record Keeping

1. I acknowledge that the Employer is required to maintain an up-to-date record of all workers who have entered into such an agreement, in accordance with Regulation 5(4) of the Working Time Regulations 1998, and I consent to my details being held for that purpose.

Governing Law

1. This agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

I confirm that I have read and understood the terms set out above.

Yours faithfully,



Signed: ________
Name (in capitals): ________
Date: ________

Acknowledged on behalf of the Employer

Signed: ________
Name: ________
Position: ________
Date: ________