The 48-hour Working Week Opt Out

Employers with employees who regularly work overtime, should be made aware of a recent Employment Appeal Tribunal (EAT) decision on the 48-hour working week opt-out.

The EAT held that a requirement by an employer for an employee to sign an opt-out agreement to work overtime was reasonable and necessary to ensure the employer complied with its duty under the Working Time Regulations 1998 (SI 1998/1833) to take reasonable steps to ensure compliance with the 48-hour week.

The decision will be welcomed by employers who may have been concerned by their exposure to criminal sanctions for employees who wanted to work overtime, but did not agree to opt out of the 48-hour working week.

This checklist summarises an employer's obligations under the Regulations.

For further information, please contact our Employment Law Team.

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