Q&As

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

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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?

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 agreement can be signed separately, after employment has begun.

A worker who has signed an opt-out can change their mind as long as they give proper notice. If the opt-out does not include a specific notice period, then they must give seven days' notice. An employer can require more notice (up to a maximum of three months’ notice) but must specify this in the opt-out document.

For further information, see Practice Note: Hours of work and working time, in particular the main section dealing with: Opting out of the maximum working week.

In relation to TUPE 2006, subject to an employee's right to

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