Q&As

Do opt-out agreements of the 48-hour working week under the Working Time Regulations transfer under TUPE?

read titleRead full title
Published on LexisPSL on 01/04/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Do opt-out agreements of the 48-hour working week under the Working Time Regulations transfer under TUPE?

Unless a worker opts out of their working time rights, they have the right to work no more than an average 48-hour working week .

It is possible for employers and workers to agree that the worker will work more than 48 hours a week. In order to be valid, an agreement must:

  1. be in writing

  2. be made with each individual worker that it applies to separately

  3. state that it is disapplying the 48-hour maximum working week rather than simply specifying a number of hours of work

An employer can include an opt-out provision in a contract of employment, as long as it is signed by the worker, or an opt-out

Popular documents