Q & A: How do employers deal with staff working when the clocks change

Answered by: Kate Palmer, HR Advice and Consultancy Director at Peninsula 

“If an employee is working a 10pm-6am shift when the clocks go back, they could potentially find themselves working nine hours instead of the usual eight. However, they will generally not be entitled to an extra hour’s pay unless it is specifically outlined in their employment contract.

“The wording of an employment contract needs to be very clear here as it is what determines your decision. A contract may state that an employee will work 8 hours per shift or set out specific start and finish times, i.e. from 10pm-6am, so employers will need to review individual contracts to ensure employees are scheduled and paid correctly when clocks go back.

“Employers should discuss and agree with any hourly-paid staff whether they will be paid for the extra hour of work, start their shift late or finish early on that day.

“It’s important to remember that wages must not fall below the national minimum wage if employees are expected to work this extra hour. If that is likely to happen, employers should be sure to make that up to avoid the risk of being named and shamed or even facing a costly tribunal case.

“The extra hour must also not breach Working Time Regulations in respect to the weekly working limit, maximum night shift hours and rest-break entitlements.

“If there are no clear contractual terms outlining employees’ rights in this situation, employers can rely on what they have done in the past and apply the rules when the clocks go forward again in March.”