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How to opt back into working time protection

Fed up with working more than 48 hours a week? Here's how to opt back in to working time protection, so you cannot be made to work more than 48 hours on average.

Most people at work are protected against having to work more than 48 hours a week on average. You can agree in writing to work more than 48 hours if you wish. This is usually called 'opting out' of the Working Time Regulations. You can find out more about your rights under these regulations from the TUC know your rights line 08700 600 4 882 or here on worksmart.

If you have not opted out, then as long as you are not one of the groups of workers who are not covered by the regulations, you are covered. Your employer should not expect you to work more than 48 hours on average without asking you to sign an opt out. It should always be your free choice. But some bosses make it a condition of starting a job, or put real pressure on staff to sign away their rights.

If you have signed an opt out, you have the right to opt back in, and tell your employer that you no longer want to work more than 48 hours a week.

All you have to do is to write and tell your employer that you wish to be covered by the rules again. A letter you can use is below.

When you opted out, the agreement you signed may have included how long you would have to wait if you opted back in again. The longest this can be is three months. If no time period was mentioned in your opt out agreement, then you should only wait seven days.

If an employer takes action against you (in legal language, you suffer any 'detriment') or sacks you because you are opting back in again then he or she is breaking the law, and you can complain to an Employment Tribunal, and, if you win, receive modest compensation.

You should take expert advice from your union or an advice agency if you are not a union member before doing this. You can get advice on which union to join here and employment tribunals here. Of course it's never an easy option to challenge an employer on your own. That's why it's better to do it as a group or with union backing.

If you think there is a risk your employer might sack you for exercising your rights, you should think carefully about your options. You are in a stronger position if you have worked for your employer for more than a year. After 12 months an employer can only sack you with good reason and must follow proper procedures. Before then an employer does not have to give a reason. It is still illegal to sack you simply because you have exercised your working time rights, but cases can be more complicated to prove, and even if you win, compensation can be modest. See here for more about unfair dismissal.

Draft letter:

"Dear employer

I wish to withdraw my opt-out from the working time limit set by the Working Time Regulations as I no longer wish to work more than 48 hours on average each week.

I would ask you to acknowledge this in writing and to let me know when this will come into effect. I look forward to discussing how my hours will be adjusted to take account of this.

Yours sincerely,
Employee"

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