Working Time Regulations stipulate that the maximum hours of work per week for your staff should not exceed 48 hours. In some instances you may have to employ a member of staff for more than 48 hours per week (a full time manager for instance). In this case you will need to get the employee concerned to opt our of the regulations as allowed under the law.
As with all employment issues you should take professional legal advice.
This article is for your guidance only.
Below is a letter template you can use for this purpose:
WORKING TIME REGULATIONS 1998
AGREEMENT TO EXCLUDE THE MAXIMUM WEEKLY WORKING TIME LIMIT UNDER SECTION 5 WORKING TIME REGULATIONS 1998
Employee name and address:
I hereby agree that the maximum working week of 48 hours per week averaged over a period of 17 weeks as set out in the Working Time Regulations shall not apply to me.
Notice Period:
It is agreed that I am entitled to withdraw my agreement to dis-apply the maximum working week at any time but to do so I will give a minimum of 3 months notice in writing.
Reference Period:
As a separate agreement I agree for the purpose of calculating my average hours the reference period will be consecutive periods of 17 weeks commencing [enter date of first day of employment]
Signed Date: / /
[employees signs this copy]
In order that you protect yourself from inadvertently having a member of staff work more than the maximum 48 hours per week under the regulations you should also get them to sign the specimen letter below as well:
WORKING TIME REGULATIONS 1998 – THE 48 HOUR WEEK
Employee name and address:
I wish to confirm our discussion on / / [enter date] when you advised me that your employment at [enter full name and address of pub] and any other employment you may have does not exceed the maximum 48 hours per week over a period of 17 weeks as set out in the Working Time Regulations 1998.
You also agreed that should your average hours worked over a 17 week period exceed 48 hours you would immediately inform me so that action can be taken to ensure we are not in breach of the regulations.
Signed Date: / /