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When Your Employer Changes Your Working Hours

By: Abigail Taylor - Updated: 3 Jul 2020 | comments*Discuss
 
Working Hours Employer Change Shifts

For many people working 9 to 5 is just not a reality. Clearly, businesses need to have staff working at relevant times to meet the demands of their business (e.g. for a restaurant this might be evenings and weekends). These non-traditional working hours are to be expected by those working in some professions. However this doesn't mean that you lose the rights of 9-5 workers.

Check Your Contract

For any issue regarding your employment, it is really important to look at your contract.
  • You should have been provided with a copy of your contract at the point when you first signed it (started your employment).
  • If you were not provided with a copy, ask for one.
  • If you have lost your copy, you are still entitled to see your contract which your employer should hold in your employee file.
  • Be aware that not all employee records will be held "onsite" at your place of work and so such a request may take a few days.
  • If the contract refers to any other procedures (such as disciplinary procedures) or terms and conditions of employment, this forms part of your contract and you are entitled to see these documents too.

Fixed Days vs Shift Work

The main difference you will usually find between fixed day and shift work (such as in restaurants) is that if you have fixed days, your contract will usually specify exactly what days and times you are expected to work; it may even tell you how long you are allowed to take for your lunch break. If you work shifts where your employer puts up a rota to tell you when you are working, your hours/days of work are usually not specified in your contract.

Hours Stated in Your Contract

The first thing to look at is the number of working hours stated in your contract. This is the number of hours that you are expected to work. Your employer must give you at least that number of hours. There is a precedent for employers promising full time employment but only putting a limited number of hours on your contract. Most of the time you will be given more hours as promised. However be aware that this is not a requirement - your employer only has to give you the minimum number stated on your contract. It is important when signing your contract to check that you are happy to only receive the number of hours stated in it, as that is all that you are guaranteed! Note that if you choose to "shift-swap" with another employee and end up with fewer hours than stated in your contract, that is your choice, and your employer is not obliged to give you additional hours to make up the deficit.

I have a contract for 21 hours and my employer has just told us we are having a delivery every day Mon-Sunday for xmas. They have said if we don't work these days we will be disciplined.

I work Monday to Friday and they have told us we have to work Saturday and Sunday night. If we have a contract of 21 hours do we have to work over our contract hours? Can I refuse to work over my contract - I have 3 young children?

  • You cannot be forced to work over the number of hours in your contract and may legally refuse to do so.
  • If you do not work the full number of hours stated in your contract (without good reason such as illness/bereavement etc) then your employer may discipline you.
  • If you object to the number of hours you have been allocated, it is always best to speak to your employer as soon as possible so they can reallocate hours.
  • You cannot simply work Mon-Fri and then say you have done your hours so you are not working at the weekend. Your employer may choose to reduce your hours by reducing your hours during the week, and it is entirely up to them as to which shifts they remove to reduce the hours given to you.

Which Shifts You Work

I've been working for a company for 11 years since it started. I have been working day shifts because they told me that the night shift is too risky for ladies.

Now they said I must work the night shift without any reason or agreement. I haven't worked a night shift before and I have two children who are 5 & 9. My husband works nights so cannot look after them.

  • What times/days you have to work will depend on your contract.
  • If your contract states that you are available to work any time, unfortunately you can be called upon to work on different days/hours than your usual work pattern.
  • If your availability has changed, you need to discuss this with your employer, and a new contract may need to be signed with this change reflected.

I have been working late afternoons and evenings into the night due to the nature of my work. The place I work has very bad public transport connections and absolutely no public transport after my work finishes.

Now my employer has asked me to come in early one day a week because it would suit them better. This would be really difficult for me due to transport problems. Can my employer force me to change my hours and can they give me a warning or fire me if I can't accommodate them?

If your contract limits your working hours/days (for example from 9am to 5pm), your employer can request that you change these hours, but cannot force you to do so. It is always worth discussing any requested changes with your employer as you may be able to agree with your employer a compromise that suits you both better.

I work for a care company and work 6 days and 1 evening, I have 2 children under the age of 16. Today I was told that next week and future weeks I will be doing 4 days and 2 nights but nobody else has had this text.
Can my manager do this? Really worry as I have nobody to watch my kids at nights.

Clearly child care is a major concern in relation to working hours for many people and so if you have any concerns this should be discussed with your employer, as it may be that there is another employee who is more able to work evenings/nights. As explained above however, if your contract states that you can work these times, your employer may rota you to do so and require you to work these times.

Flexible Working

All workers have the right to request flexible working to accommodate other commitments. To have the right to request flexible working you must:
  • a) have worked for the company for at least 26 weeks
  • b) not have made a flexible working request already in the last 12 months

However be aware that your employer does not have to agree to this. They must however give your request serious consideration and give you the reasons (in writing) for any request being denied. In some businesses, this simply isn't feasible, so be reasonable and try to agree times that suit both you and your employer (for example still working some evenings, but perhaps starting at 5:30/6pm so that you can pick up your children from school and take them to a relative/friend's house who will babysit for you.)

Note the flexible working policy has now been extended to all workers and not just carers of children.

Notice of working hours/changes

Your employer must give you reasonable notice of any changes to your working hours, such as cancelling your shifts. They may request last minute changes (such as ringing you that morning to say that they do not require you to work) and you can choose to agree to this change. However if you are not given reasonable notice of your shift being cancelled/shortened, you can politely refuse this reduction in your hours.

How much notice is "reasonable"? There is no law simply defining reasonable. However your contract may state this. In most cases, a minimum of 12 hours notice would be expected as reasonable notice to cancel a shift. It may be reasonable to have more notice of a requirement to work (rather than not work).

My employer normally gives out the next week rota normally on the Thursday. It seems to be getting later and later. It is now Friday and we still haven't had the rota for next week. Can they do that?

It is often a problem with those who rely on a rota for their working days / hours that the rota of when you may be working is often not put up until near the end of the week before, giving you only a few days notice of any early-week shift. Unfortunately again, unless specified in your contract, the only guide is what is "reasonable". If this causes you problems however, ask your employer about this. Often the rota will be in draft form "subject to minor alterations" many weeks in advance. If you will not be in work on days to know when you are working, you can also always ring up to ask. Obviously if rotas are put up last minute across several weeks, you may need to speak to your employer. However if it is a one-off and only a day later, do be reasonable - has your manager been away ill or had another reason to not be able to put up the rota as early as normal that week? If the late notice causes you substantial problems, communicate with your Manager.

Breaches of contract

If your employer is in breach of your employment contract (e.g. not giving you your amount of contracted hours), what can you do?

  1. If your employer is proposing changes to your contract and you don't agree, read our guide to Objecting to Changes in your Employment Contract
  2. The first step is always to talk to your employer. It may be a simple mistake which can easily be rectified by amending the rota
  3. If you are unhappy with your manager's response to your complaint, follow your company's complaints procedure. This often requires you to forward your complaint to a more senior manager. If you do not know your employer's complaints procedure, ask to see a copy of it. If your company has an HR Department, they may also be able to provide you with guidance on the procedures. You are often entitled to have a supporter present, such as another employee, which can be reassuring at any meeting.
  4. It is always best to try to resolve matters "in house" with your employer. If you are not able to do so, you can take your employer to an Employment Tribunal. Be aware that whilst you can't be fired for doing so, this may make for an awkward working environment if you are still employed at the firm.

Employment Tribunals

  • An employment tribunal is an independent body that will assess your complaint and may make your employer pay you compensation if they think your rights have been breached.
  • You usually have to apply to the employment tribunal within 3 months of the incident you are complaining about arising (e.g. 3 months after you were unfairly fired).
  • To refer a matter to an employment tribunal, you must download and fill in a form which can be found at www.justice.gov.uk. There are also guidance notes online to assist you with filling in your application. The form can be filled in and submitted online, or printed and returned by post to your local employment tribunal office.
  • If you want help in referring your complaint to an employment tribunal, you can contact your local Citizens Advice Bureau who will provide you with free advice. If you are a member of a trade union, they may also be able to assist you.

Zero Hours Contracts

If you are on a zero hours contract, much of the above may not apply to your circumstances. We have a guide on Zero Hours Contracts here, which we hope you will find useful.

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[Add a Comment]
Hi , I want to ask regarding hospitality jobs. Many times I witnessed situation were management decided to save labour so they simply send employee home after few hours as the pub/ restsurant want busy at that time. Can you advice if there is any law protecting these workers?? Mainly if the shift is 8 hours and been cut to 3 hours only. Many thanks.
Martino - 2-Jul-20 @ 1:23 PM
My daughter is a hairdresser and the salon is to reopen this weekend. She has been asked to work every sunday now 9-7. She has not agreed to sign anything yet but can she refuse? Can they dismiss her? She has asked if the sundays could be rotated but they refuse
Jeanie - 29-Jun-20 @ 10:56 AM
I have been furloughed since March, always done the same hours of work fitting in with my children’s school, for the last 14 years, I am a single mum to 3 young children and I Have been told that my hours of work will need to change to suit the business better meaning I would have to work all day mon, friand every other sat, starting in July this would be so difficult for me with having to do school run etc
Blue - 24-Jun-20 @ 3:49 PM
been told today that my alternate weekends of work are being swapped. I'm not happy due to family commitments that have been booked in the future, are they allowed to do this??
kirst - 23-Jun-20 @ 4:13 PM
so I'm doing flexible hours at my workplace I've told my manager that I can work only Mondays to Fridays no weekends and he still put me on Saturday can he do that as in force people on to shifts?
demolka1998 - 21-Jun-20 @ 1:53 PM
I work shifts, 3 on 4 of. How many hours notice if they cancelled your overtime, I was going to work on Saturday morning, had a phone call from my manager on Friday evening at 9,45,but I found out the over crew came in,,
Strongvox2017 - 21-Jun-20 @ 10:48 AM
Can companies force staff to do hours that are unfair during the lockdown and can they carry on forcing hours no matter what you say now that lockdown has eased
Jim - 15-Jun-20 @ 2:21 PM
I usually work full time nights with 2 other people, last week I was told to return to work on day shift so I have now lost my night shift allowance but one of the people of my night shift allowance is still on furlough and is receiving his night shift allowance. How is this fair and is there anything I can do to get my allowance back? It’s ridiculous I am actually at work and being paid less for it. Anyone have any advice?
GP - 15-Jun-20 @ 8:13 AM
I agreed to reduce my hours to a 4 day week. Can my employer insist on increasing it back up to 5?
Mary - 5-Jun-20 @ 6:01 AM
Im working as a delivery driver...my boss will text me early in the morning everyday about what my schedule that day???(4am-5am)what is the proper scheduling??thank you
Mhon - 30-May-20 @ 11:51 PM
I have worked for 10years as an electrician doing repairs to tenanted properties. My hours have always been mon-Thursday 8.30am to 5pm, Friday 8.30am to 4.30pm,39hours perweek. My employer now wants us to work 8am to 8pm also Saturdays,the days would be split so that the week was still 39hrs, example mon,tues,wed, 8am to 8pm Thursday or Saturday 8am to 1pm. Same salary most of us do not want this can they force these changes Thanks
Bigsteve - 18-May-20 @ 1:09 PM
I have been asked to work evening shift to provide technical support to other staff but my employer will not pay me the shift allowance that every one else gets as he says I get paid more than them on my basic rate. I am on an hourly rate and think I should be getting treated the same as everyone else. Can I refuse to do these shifts for this reason.
Pujo - 15-May-20 @ 6:03 AM
You: 3:51PMHi. Can my employer make me change my work days to the weekend instead of agreeing to furlough me? I am a single parent and my ex partner can no longer help with childcare.I have noone else to babysit because of lock down.
Foxy - 5-May-20 @ 4:05 PM
I have been redeployed at work do to the COVID situation. I have been given the new rota that I will be doing, but it is my old manager the one that has to apply the changes on it. I said to her when I am going to be working to make the changes, and she has done whatever she wants (a mess), so I am going to be working days that are not in my rota, because they are not the agreed with the new placement, and I am worry. First, that they are not going to pay me the appropriate rates, and second, if anything happens at workplace when I am working but not in the rota, how can I justify that I should be there in regards to insurance and those things? Thanks!
Sar - 10-Apr-20 @ 11:25 AM
I'm working at a petrol station I have been working for three years now this month there's a new boss and he told me to start my night on Wednesday next week at 22:00 to 06:00,before my night shift i was starting at 17:00to 08:00 and it was very nice in terms of transport so what I'm trying to say I'm gonna struggle to get transport now where must I get a taxi at 22:00?and they don't evenprovide for us transport and my college's are not happy and there are guys who sleep at work for free because they can't get transport at 22:00 to go home this is not Fair!
One - 8-Apr-20 @ 11:37 PM
In my company they send to us rota with an extra off days . Im working for agency , but i'm a part of supervising team. In e-mail with rota its adnotation about that changes are just for agency Staff . Now im forced to come extra day , because our shift manager is telling us that its for workers , not for supervising team, but we have second e-mail which is telling us that supervising job is not essential. What i should do right now ? To add something , i will tell you that they change the rota due to too many people on site , because of coronavirus spreading. So i should think that im immune to virus ? Thanks for any help .
Crizzie - 2-Apr-20 @ 1:40 AM
Can my employer change my working week at present I work Monday to Thursday 6.00 to 16.15 they want me to work Monday to Friday 6.00 to 14.00 and 14.00 to 22.00 the following week
Tommo - 11-Mar-20 @ 9:06 PM
My employer has demanded we attend mandatorytrainingnoticewasput out6 daysago but I only found out 2 days ago but the rota has been out 2 weeks and I have made personalappointmentscan he fine me £25 for none attendance
Carer - 7-Mar-20 @ 2:28 PM
hi i have been working permanent nights for the past 3 years. i am now being asked to work weekend days as part of my shift pattern can they do this? especially without any consultation.
jay - 27-Feb-20 @ 2:19 PM
for 15 years i have worked the same sunday shift 06.00 - 14.00 now i'm told i must change to 12.00 - 20.00 which is impossible as i have to watch my children who are 15 & 11 years old. my employers asda have said if i don't change i shall be reprimanded is this lawful i feel i am being bullied into changing my hours
madmatt - 25-Feb-20 @ 12:43 PM
Hi,i work permanent nights and the company i work for has decided to change my shift from 0.00-06:00 hrs, to 03:00hrs -09:00hrs, can they do this?
Night worker - 22-Feb-20 @ 6:49 AM
Hey so my employer is putting me down on the rota when I have told them I cant do certain days and expecting me to work them and also my manager is constantly changing the rota and not telling any employee or even asking them if they are ok to change, we wouldn't mind if someone is ill etc but it's for her own benefit.
Sar - 13-Feb-20 @ 2:56 PM
Last week my employer told me that I had to change my hours from 5 to 1:30 to 8 to 4:30. I complied went in did my 8 to 4:30. And at the end of my shift told me they were changing my hours again from 9 to 5:30. Can this be done
Deb - 28-Jan-20 @ 11:11 PM
We have just been informed today, 28th January 2020 that both our shifts, 6-2 and 2-10 are going on to one shift, 7-5 and it's starting tomorrow, 29th January 2020. It's factory work we've been on the same shifts since we have started, (no rotating shifts). How much notice should they give us and should we have been consulted before? Business is slowing down, and they are going to make some redundancies, but would this make a difference in the notice period they give us to change hours?
Kazzie - 28-Jan-20 @ 6:40 PM
We have been merged with another company and our hours will increase 2.5 hours a week which they are not going to pay us which works our a months pay not paid in a year. Can they legally do this?
Bean - 26-Jan-20 @ 7:37 AM
My daughter works for a restaurantthey use to have start and finish times but now they don't have finish times this is making thing difficult because she cannot make plans to do anythingwith family or friendsas she does not know when she finishes work is this legal
Sue - 25-Jan-20 @ 12:10 PM
My employee has cancelled my shifts stating that she has a lot of trials in for the job vacancy. I have lost 18 hours with this. Can she do this
Dyl - 25-Jan-20 @ 8:02 AM
if my employer messaged me an hour before I start my job/shift notifying me their is no work. What can I do about that?
K - 22-Jan-20 @ 10:10 PM
Can your employer change your hours without notifying you? I was off the last four days, came to work today and my shift changed.
Ash - 22-Jan-20 @ 2:11 AM
My employer often calls me to tell me i have to go to shifts with less then an hours notice. As a casual employee can i turn down this with out getting into to too much trouble? They also make changes and add shifts that i had no part in the decision of. What should i do here?
Monika - 15-Jan-20 @ 11:23 PM
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