QUESTION OF THE WEEK – What do I need to know about opting out of the 48 hour week?

BWF members such as yourselves frequently use our Member and Technical Helplines for assistance on a wide range of Employment, Health and Safety, Pay and Technical issues. We’re putting up a frequently asked question every Tuesday in order to help members and illustrate the type of advice we are able to provide. If you have any questions that you would like to see featured, we would be happy to assist. This question and many others like it can be found in our Question Centre. If you want further advice on any of the issues, don’t hesitate to ring the helpline or browse our extensive publications library, which includes Statements of Main Terms of Employment, and the BWF Employee Handbook. This week: What do I need to know about opting out of the 48 hour week? The most recent results from the BWF’s Pay and Conditions Survey have suggested that almost half of BWF members may be using of the opt-out from the 48-hour week limit under the Working Time Regulations. Here are some key points about opting out:

• Workers cannot be forced to work for more than 48 hours a week on average.
• Young Workers (those under the age of 18 years) may not ordinarily work more than 8 hours a day or 40 hours a week, although there are certain permitted exceptions
• Working time limits for doctors in training are being phased in gradually
• Working time includes travelling where it is part of the job, working lunches and job-related training.
• Working time does not include travelling between home and work, lunch breaks, evening classes or day-release courses.
• The average weekly working time is normally calculated over 17 weeks. This can be longer in certain situations (26 weeks) and it can be extended by agreement
• Workers can agree to work longer than the 48-hour limit.
  An agreement must be in writing and signed by the worker. This is generally referred to as an opt-out. It can be for a specified period or a indefinite period.
• There is no opt-out available from the Young Workers limits.
• Workers can cancel the opt-out agreement whenever they want, although they must give their employer at least seven days’ notice, or longer (up to three months) if this has been agreed.

Example of opt-out agreement
I (name) agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer (amount of time – up to three months) notice in writing to end this agreement. Signed…………..
Dated……………