Working Time Regulations Exemption Letter

This document can be used by an employee to notify an employer of their decision to be exempt for the legal maximum weekly working hours. These regulations state that an employee can only work more than 48 hours per week, including overtime and time spent working for other employers, if the employee has agreed, in writing, to do so.

The employee can specify certain circumstances where they wish the exemption to come into place. The employee can also grant the exemption indefinitely or for a specific period of time.

This exemption from the weekly limit on working hours can be terminated at any time by the employee by giving the employer a minimum of 7 days notice in writing and a maximum of 3 months.

This document is not needed if an employee is mobile and works in employment sectors of:

• air;
• road;
• rail;
• sea;
• inland waterway and lake transport; or
• sea fishing and other work at sea.

How this document should be used

This document should be given to the employer. In most circumstances it should be given to the employee's manager or relevant HR representative.

Once the document has been received by the employer, they have a legal duty to comply with the obligations applicable to them under regulation 5 of the 1998 regulations which state that employers need to:

• maintain up to date records which:
• identify each of the employees who have agreed that the limit should not apply;
• set out any terms on which the employee agreed that the limit should not apply;
• specify the number of hours worked by the employee for the employer during each reference period since the agreement to waiver the limit has come into effect. A reference period under the regulations is every 17 weeks. Where an employee has not worked for the employer for 17 weeks, the relevant period which be for the commencement of employment.

• permit the Health and Safety Executive, or any other relevant authorities, to inspect these records on request; and

• provide any inspector with such information as requested regarding any case where an employee has agreed that the limit on working hours should not apply.

Applicable law

The Working Time Regulations 1998

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.