From my understanding quite a few types of contract can't force you to waive statutory rights e.g. tenancy agreements and employment contracts. If they contain clauses that do, they are not enforceable (or so I have been told/read).

In the case of the 48-hour a week (average) work limits, it is possible for employees to opt-out of the limit voluntarily and agree to give a certain notice period (7 days to 3 months) to cancel the opt-out and regain their right. From what I can tell it is not allowed for an employer to force an employee to opt-out (including firing for not complying), nor are they allowed to force an employee to cancel or not to cancel the opt-out, which makes sense.

However, I can't find any advice on employment contracts that state that you agree to waive the 48-hour limit (phrased in the correct terms for the opt-out).

My working theory is that the 48-hour waiver would be invalid and safe to ignore because:

• If I am not an employee when signing the contract, the conditions of the opt-out would not be met as defined in the act: being an employee and voluntarily opting-out.
• If the contract implies that I am required to and will therefore automatically opt-out as I become an employee (and that this is a condition of my employment) then it is no longer voluntary.
• If the contract is actually a direct waiver of my statutory right and not an opt-out, it is not legally enforceable.

I have a record of me asking to have it removed but was told it couldn't be nor that I could actually trigger the cancellation (despite it clearly stating I can with 3 months). I think their legal department is bullshitting but legal departments do that and this isn't really a big deal for me, I have no reason to believe I'll be asked to work more than 48-hours a week on average and I will happily leave if I am.

I'm asking more out of interest since this a legal area that's difficult to navigate (I hate law) and I can't find any advice on this exact situation. Is my theory correct in that, since this is part of an employment contract, this doesn't count as a voluntary opt-out of the 48-hour working limit?