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When Your Employer Changes Your Working Hours

By: Abigail Taylor - Updated: 16 Jun 2018 | 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]
Ive been working for my employer for 3 years now 2 of which permanent contracted, 12 hour shifts our shift rota is 2 days 2 nights 4 days off then repeat, that’s the shift I’ve been contracted to since my first day on employment with them (also stated in my contract). Due to business trying to save money and lack of work they have told everyone that we are going to Monday-Friday 7.5 hours a day and reducing our Hourly rate which I can’t afford, where do i stand? Are they within there right to change this and what should I do. Cheers
Mrl123 - 16-Jun-18 @ 10:04 PM
josh - Your Question:
Hi, im on a set hours contract but no specific times i.e 21 hours per week. i’ve worked the same days continuous for a while now but occasionally get put on a saturday without being asked. sometimes it’s not a problem and I can work them bit sometimes it causes a problem as I need to get childcare, I did ask my employer to in future ask me if I could do the saturday shift before first pencilling me in but they don’t seem to be doing this. if I told my employee I want to change my availability to mom- fri and not include weekends, does my employer have the right to refuse this or possibly sack me due to this?? thanks

Our Response:
You have the right to request flexible working (i.e hours/times to suit you). Your employer has to give this proper consideration and must provide a valid reason for refusal. You can't be penalised for asking for flexible working hours. If you read the guide above, all is explained in further detail.
SafeWorkers - 15-Jun-18 @ 2:47 PM
Angela - Your Question:
I have been working the same 3 days a week and had childcare to cover these days for 3 1/2 years but was recently asked to work from home and reduce my hours and days worked with a child at home. Now I've been told I need to work 4 days in the office, same hours over 4 days which is an additional days childcare.The Employee will be expected to work at least 25 hours per week Mondays to Fridays. However, the Employee will have flexibility to divide the hours between her working week as suitable. The Company reserves the right to require the Employee to work such additional hours as are necessary for the proper performance of her duties. The Employee acknowledges that she shall not receive further remuneration in respect of such additional hours.

Our Response:
What does your original contract say? If it's a change to your original contract, your consent will be needed before any changes can be made. See our guide toobjecting to changes in your contract for details on how/when you can object. If your contract allows for the changes, it's worth submitting an application for flexible working hours as detailed in the above article (section entitled "Flexible Working Hours")
SafeWorkers - 15-Jun-18 @ 12:52 PM
Hi, im on a set hours contract but no specific times i.e 21 hours per week. i’ve worked the same days continuous for a while now but occasionally get put on a saturday without being asked. sometimes it’s not a problem and i can work them bit sometimes it causes a problem as i need to get childcare, i did ask my employer to in future ask me if i could do the saturday shift before first pencilling me in but they don’t seem to be doing this. if i told my employee i want to change my availability to mom- fri and not include weekends, does my employer have the right to refuse this or possibly sack me due to this?? thanks
josh - 14-Jun-18 @ 6:54 PM
I have been working the same 3 days a week and had childcare to cover these days for 3 1/2 years but was recently asked to work from home and reduce my hours and days worked with a child at home.Now I've been told I need to work 4 days in the office, same hours over 4 days which is an additional days childcare. The Employee will be expected to work at least 25 hours per week Mondays to Fridays. However, the Employee will have flexibility to divide the hours between her working week as suitable. The Company reserves the right to require the Employee to work such additional hours as are necessary for the proper performance of her duties. The Employee acknowledges that she shall not receive further remuneration in respect of such additional hours.
Angela - 14-Jun-18 @ 1:13 PM
Hi, I have a contract for 25 hours per week. My employer wants to reduce this to 23 hours, meaning I lose 2 hours pay per week. When I asked if they would be changing my contract, they said no it will be left at 25 hours. Why? Can they do that? Thank you
Suzywong - 13-Jun-18 @ 5:41 PM
My employers agreed to my flexible working request to reduce my hours to 25 hours per week. Set hours Monday to Friday. I asked for further hours, which was rejected as it is not required for the need of the business. However following GDPR changes they want me to sign a contract which states my original pre maternity leave hours. Although their cover email States any flexible working requests still apply. Am I within my right to ask that they state my actual hours or include the clause within my new contract which refers to the agreed flexi request. Anything signed today supercedes any previously signed agreements. I am concerned they may try and force me out by imposing my original hours, which I can't work due to child care needs.
Rkm - 13-Jun-18 @ 8:51 AM
Simona - Your Question:
Hi, the rota have been putted out and I was having a day off and therefore I booked a doctor appointment for that day. With one week notice my employer changed the rota and gave me a shift for that day, I asked him if I could go in a bit late as I have been waiting for this appointment for a long time and he said no. Can he do that? Change my rota without me agreeing to it?

Our Response:
What does your contract say about doctor's appointments? Are you entitled to time of for these appointments? Does your contract saythat you should be given notice of shift changes?
SafeWorkers - 12-Jun-18 @ 3:04 PM
SarahV - Your Question:
Hello, I'm contracted to 47.5 hours a week but all the staff take their lunch breaks at their desk so effectively work a 50 hour week as we all still work whilst eating. We are contracted to 1 in 4 Saturdays which used to be just job and knock, so I'd go in early say 07:00 and be done by 09:30. Our boss has now said we MUST do 08:00-12:00 for no extra money and we don't get this time back in any way. This puts my working hours to 54 inclusive of the lunch breaks we don't have or 51.5 with the lunch break taken out. Can he do this my contract states flexibility but I do this anyway when I stay later when we are busy. Surely an extra 4 hours is a little more than just being flexible?

Our Response:
No a change that means you work more hours is a breach of contract. The lunch breaks should be away from the desk if they're unpaid. See our guide to Objecting to changes in your contract
SafeWorkers - 12-Jun-18 @ 12:11 PM
Zoidi1993 - Your Question:
Hello I would like to ask if I came to work on my place my department, I worked half day in this area and than I finshed my work and I was waiting for final plan which I have to do in my area but my manager sent me to another place to do something else in diferent department , but refused to go , Is there any law in this case that they should inform me before my shift start or day before or something like this ?

Our Response:
No, this will depend on your contract of employment and your employer's policy. Usually employers can move you around departments if the work is needed and your job description encompasses this.
SafeWorkers - 12-Jun-18 @ 10:51 AM
I've been working for my employee over 8 years ,my contract is 35-40 hours. this week onlybeen given 26hoursand a days holiday .which I requested ,just wondering if they can drop my hours because of days holiday or am I still entitled to 35 contracted hours ?
Saw17 - 12-Jun-18 @ 10:28 AM
Harry - Your Question:
I have worked for the same company for over 20 years contracted to 37 hrs on a alternating shift of 6 till 2 and 2 till 10, the company are now moving to a continental shift system for my department how much notice should we be given, there are 8 people effected

Our Response:
If your contract actually changing and you have not given your consent, please see our Guide to objecting to changes in your contract for more information. If you agree to the changes or it's not a contractual change there are no real "laws"...except that an employer must give 'reasonable' notice of any changes.
SafeWorkers - 11-Jun-18 @ 3:40 PM
I have been working at the same place for over 10 years and recently we have had new owners.They have decided that as I have a contract for 45 hours over 10 shifts and that there is no mention of overtime only not leaving until the kitchen is satisfactory.That they are allowed to keep me working unpaid overtime till they say I can go this is totaling my hours to around 50 hours a week at present.Is this allowed as surely it affects my hourly pay.
Bob21 - 11-Jun-18 @ 3:38 PM
Hi, the rota have been putted out and I was having a day off and therefore I booked a doctor appointment for that day. With one week notice my employer changed the rota and gave me a shift for that day, I asked him if I could go in a bit late as I have been waiting for this appointment for a long time and he said no. Can he do that? Change my rota without me agreeing to it?
Simona - 11-Jun-18 @ 10:52 AM
Hello, I'm contracted to 47.5 hours a week but all the staff take their lunch breaks at their desk so effectively work a 50 hour week as we all still work whilst eating. We are contracted to 1 in 4 Saturdays which used to be just job and knock, so I'd go in early say 07:00 and be done by 09:30. Our boss has now said we MUST do 08:00-12:00 for no extra money and we don't get this time back in any way. This puts my working hours to 54 inclusive of the lunch breaks we don't have or 51.5 with the lunch break taken out. Can he do this my contract states flexibility but I do this anyway when I stay later when we are busy. Surely an extra 4 hours is a little more than just being flexible?
SarahV - 9-Jun-18 @ 10:00 AM
Hello I would like to ask if i came to work on my place my department, i worked half day in this area and than i finshed my work and i was waiting for final plan which i have to do in my area but my manager sent me to another place to do something else in diferent department , but refused to go , Is there any law in this case that they should inform me before my shift start or day before or something like this ?
Zoidi1993 - 9-Jun-18 @ 4:28 AM
I have worked for the same company for over 20 years contracted to 37 hrs on a alternatingshift of 6 till 2 and 2 till 10, the company are now moving to a continental shift system for my department how much notice should we be given, there are 8 people effected
Harry - 8-Jun-18 @ 8:55 PM
Pammy - Your Question:
Can I firm send a text whilst there on holiday to completely change hours for the following week

Our Response:
This depends on your employer's policy. You can check this in your contract or in your employee handbook.
SafeWorkers - 8-Jun-18 @ 3:08 PM
Matt - Your Question:
I have been working for the same company for four years, I am contracted 40hours 5days a week; hourly paid. I have always worked mon-fri 7am-3:30pm. We have recently had a new general manager appointed, who is insisting I start work at 9am and finish at 5:30pm, also says some Saturdays will be required. I have a second job on a Saturday which conflicts with this new schedule of his, I have explained this to him and he sees this as a something that affects my job here, I get the impression if I don't bow down to his demands he will cancel my employment. Is he able to change everything when I have been doing the same hours and days for so long.Thanks

Our Response:
This depends what your contract says. If the contract is for 5 days but doesn't state specific days (e.g Mon - Fri) then your employer can ask you to change. Likewise with the times - if they're not specified in your contract then you can expect them to change as long as you're not asked to work more than your contracted hours.
SafeWorkers - 8-Jun-18 @ 2:56 PM
I've started a job in November and was told it's 0 hrs however, I stated I couldn't join their team as I needed 16 hrs so, the manager agreed to give the requested hours and write two letters to housing etc to state our agreement of 16hrs(I have never signed a contact for 0 or 16 hrs).. I have not been given the amount of hours per week. I've spoken to the company however, they just make excuses and false promises. I was wondering if my hours aren't met. Are the company required to make up the amount I am losing per month in my wages? Also would I need to go to employment tribunal? Any information would be greatly received.
jonesy - 7-Jun-18 @ 9:23 PM
My employer has me contracted to 42.5 hours per week and we have set work times Monday to Friday. If I was to start early outwith my contractual hours can my employer then send me home early and not pay the overtime for working outwith my contracted hours?
Lux_TMO - 7-Jun-18 @ 9:15 PM
Can I firm send a text whilst there on holiday to completely change hours for the following week
Pammy - 7-Jun-18 @ 11:27 AM
I have been working for the same company for four years, I am contracted 40hours 5days a week; hourly paid. I have always worked mon-fri 7am-3:30pm. We have recently had a new general manager appointed, who is insisting I start work at 9am and finish at 5:30pm, also says some Saturdays will be required. I have a second job on a Saturday which conflicts with this new schedule of his, I have explained this to him and he sees this as a something that affects my job here, I get the impression if I don't bow down to his demands he will cancel my employment. Is he able to change everything when I have been doing the same hours and days for so long. Thanks
Matt - 7-Jun-18 @ 9:25 AM
Hello, I would like to ask . If is legal to put staff to work in the restaurant every week. 3 or sometimes 4 days in the row double( in the restaurant on the weekends most busy) let’s say Friday 9-22 Saturday 9-21 Sunday 9-21 1hours break each day?!?! Cause is all day on leg running like crazy... serving customers and I thing is too much to do this in London!
Erika Mekionyte - 5-Jun-18 @ 12:27 AM
I went into work today and was told that my manager sent a message to me yesterday saying that I'm not needed today.. this message I didn't recieve. As I made my way in and was willing and able work am I still entitled to the days pay as I wasn't notified correctly ?
K31 - 3-Jun-18 @ 11:26 AM
I have worked for my employer for 16 months since she took over the business, previous working for 20 years for the previous owner, I work 121 hours a month and she has just reduced my hours to 51 a month. She has never given us a contractand wenever had one with the previous owner. Where do I stand with this
Krissy - 31-May-18 @ 7:22 PM
I currently have a problem at work with my working hours, I am supposed to work 35?hours per week. But I have been working between 40/70 per week, I work at least one weekend a month again with no pay, I can’t plan things with my family as apparently I’m on call all of the time, including weekends? I don’t get paid any extra for the hours I do over the 35 hours in my contract, nor for the weekends I work.I’m basically working for nothing as when I break my pay down over the hours I work I’m getting less than minimum wage, how would I go about this with my employer they seem to laugh it off and say it’s part of the job? Any help would be greatly appreciated. Regards
Got - 29-May-18 @ 2:37 PM
Hi I work a 45hour contract, working six days this week with my sixth day of work I earn a lieu day. My boss has just changed my shift for tomorrow without telling me (I’ve just seen it on the rota) does my boss have to give me notice for a shift change? And if so what is the notice period. Thanks
Jimmy - 24-May-18 @ 5:22 PM
Immy - Your Question:
I have been working for 5 years on a typical shift pattern of 1 month of days then 1 month of nights. We get paid extra enhancement when working nights. My contract only specifies hours 37.5 per week. For the past few months 1 member of our team has been on nights due to unofficial childcare arrangements which has resulted in the rest of the team losing their Night rotation which means losing pay. Management is not giving any reasons for this change and none of the team was consulted before he was put permanently on nights. If this carries on we will be doing 1 month of nights and 3 months of days having a massive impact on our pay. Are they allowed to do this?

Our Response:
If your contract doesn't specify day or night shifts, then you cannot do a great deal about which shifts you are asked to do. If however, you feel you are being discriminated against in any way, raise a formal complaint with your employer. Contact ACAS if you need specific advice.
SafeWorkers - 23-May-18 @ 3:46 PM
Adams - Your Question:
Hi. I've worked for a company for 2.5 years. I was taken on with the understanding that I couldnt work full time unless it was garantueed the boss at the time said no but she would accommodate me to 9-1 shifts 3 times a week so I could still look after my children. We gained a new boss in November last year who changed my days but kept the same hours. All fine. I'm contracted to 7.5 hrs but have always worked 12 or more. Recently the 12 hours a week since November. Suddenly they have dropped my hours and have giving 1 x 4hr shift to someone else. Is there anything I can do ? Since I have worked it longer than 27 weeksThanks

Our Response:
Unfortunately not - if your contracted to work 7.5 hours, that is all your employer has to give you.
SafeWorkers - 23-May-18 @ 3:29 PM
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