Shift Pattern Change Laws

In the UK, there are specific rules and procedures employers and employees must follow to make changes to shift patterns. In the event that shift changes are not stipulated in a formal contract between an employer and employee, notice should be given, and agreement should be acquired by both employers and employees when looking to change shift patterns.

• What exactly is the shift pattern change law?
• Who can change a shift pattern?
• How do I legally change a shift pattern?
• Changing flexible working shift patterns
• Changing to and from night shifts
• How much notice to change shift patterns
• Get expert support

It does not matter how rigid employment contracts are, employers and employees can still request changes to working hours.

Or, if you are an employer looking to change the number of hours your employee works, then you’re still bound by shift pattern change laws.

No matter where the change comes from, handling shift changes correctly is tricky. In this article, we will discuss what you need to know, how to manage shift change requests, as well as undertaking the shift change itself.

What exactly is the shift pattern change law?

The ‘shift pattern change law’ is a term broadly given to the various laws and regulations that govern shift patterns. There isn’t one specific law that addresses this issue, but several. The most important of these is the Working Time Regulations 1998.

This states that no employee can work over 48 hours a week on average. However, an employee can choose to work more, if they wish, by opting out of the 48-hour week.

There are some exceptions to these rules; find out more about working time regulations here.

The other aspect that needs to be considered is the type of employment contract. This is key when considering changing shift patterns and the law surrounding the process. For example, if the terms and conditions in an employee's written contract states that their hours are fixed, you’ll face a different challenge than if their hours are stipulated to be subject to change.

Who can change a shift pattern?

As an employer, changing shift patterns is your decision. 

Although this option is available to you, it is essential that you obtain the employee’s consent before doing so. If their hours are not fixed, you may change them at your discretion, so long as the change is reasonable.

You must also notify them of the change in good time to avoid confusion.

Can employers change shift patterns without notice?

UK employers cannot make changes to shift patterns without notice, unless provisions are made for immediate shift changes in an employment contract. If the employee has fixed hours, the employee must agree to any change before you make it. Failure to obtain their consent before changing shift patterns at work will likely lead to a breach of contract.

Employees can also request a change to their working pattern. They have the right to make a flexible working request from day one of employment and can now make a maximum two requests in any 12-month period.

How do I legally change a shift pattern?

Whether you are implementing a change or an employee has requested a change, there are certain steps you should take to ensure the shift change is legal.

The first thing to remember is that a change in working hours means a contractual change. We can help you update current contracts and create new ones here.

It is often a good idea to implement a trial period with the new working hours. This allows both you and the employee to address any issues that arise because of the change. Hold a meeting with the employee in question to address these issues and produce solutions.

The final issue that you need to consider is giving notice of changes. This is a problem that often causes disputes between employees and employers, and so, we will look at this in-depth in our next section:

Changing flexible working shift patterns

Once you have approved a flexible working request, it forms a permanent change to the employee's contract of employment, unless agreed otherwise, and you cannot change it without further contractual terms agreed to by yourself and the employee.

However, you can both agree that the arrangements are temporary or subject to a trial period. In some circumstances, for example, where an employee is caring for someone with a terminal illness, the employee may wish to have only a temporary period of flexible working, which you may accommodate.

Changing to and from night shifts

You may need employees to work at night because of industry/customer demands. Alternatively, you may need to bring in night shift staff during the day.

If an employee's contract does not state they have to undertake night work or day shifts on demand, you will normally need their agreement to change their hours.

This agreement should take the form of a contract; this is advisable to be in writing. Anything else would be a breach of contract and can lead to employment tribunal claims.

How much notice to change shift patterns

There is no clear legal guidance for giving notice for shift pattern change. The law states that the amount of notice employers should give must be ‘reasonable’ but does not define what this is.

In this section, we’ll look at different scenarios and consider what counts as reasonable in each.

Employers

If you want to change a single shift, then the notice you need to give will be significantly less than notice for an entire shift pattern change. In most cases, a minimum of 12 hours would be reasonable to cancel a shift.

If you were looking to change a weekly rota, you may need to give more notice; 24 hours at least.

If your workplace runs on shift patterns, it may be worth including a clause in your staff handbook that states how much notice you will give prior to a change. This way you manage staff expectations and keep yourself accountable.

If the change is specific to one employee and is a significant change to the way they work, this is not a shift change but a contract change. An example of this would be a flexible working arrangement that states the employee works three days a week being changed to four days a week.

The notice given to employees of a change to shift patterns, in this case, is different. A contract change means you need to give one week’s notice if they have been with the company between one month and two years. Employees who have been with you for longer than this should receive two weeks’ notice, plus an extra week’s notice for each further completed year of continuous , up to a maximum of 12 weeks for 12 years’ service or more.

Note: The above applies for dismissal and re-engagement where the employee would be entitled to statutory minimum notice (or contractual notice where this is more than statutory). However, the employer would need to consult with the employee and try to reach agreement on the change before taking this step.

Employees

What if you are an employee looking for a change? How much notice is required to change a shift pattern?

Employees can request a change to their working hours at any time. However, they must be legally classed as an employee to do this. They also have the right to request flexible working is a day one right now

When considering their request, there is a notice period for changing shift patterns. You must follow a fair process, reasonably consider their request, and decide within a maximum of two months. Employers must also consult with the employee before making a decision, unless they can accept the request in full.

Get expert support

If you’re struggling with figuring out change of shift pattern notices, we know it can be tricky. Get legal advice from employment law and HR experts today by calling 01455 858 132.