At the end of each October, Daylight Saving Time ends and the clocks go back an hour at 2am. Whilst most people will be in bed at this time, the time change will affect staff working nights or starting a shift on Sunday morning, for example emergency services, staff in pubs and clubs and 24/7 call centre staff.
What does this mean for your staff and what should you consider?
The Contract of Employment
The employees’ contracts will direct how their working time is treated when the clocks change. A contract that states the employee will work a shift from 12am to 8am (for example) will require the employee to work nine hours when the clocks go back, whereas a contract for a shift of eight hours starting at 12am will allow the employee to leave at 7am. It could be agreed in advance, however, that the employee will stay to work the extra hour and leave at their normal finishing time.
Pay
The rules on payment for extra hours should also be included in the contract and may differ depending upon whether staff are hourly paid or salaried.
Hourly paid staff are those who have an entitlement to hourly pay for each hour worked. The clocks changing will result in the employee receiving an extra hours’ pay, whereas salaried workers (receive a set salary per annum) are likely to receive their normal salary payment.
Salaried workers who are paid the national minimum or living wage, or receive payment just over these minimums, should not have their pay taken below minimum wage because they have worked an extra hour unpaid. In these circumstances, they may need additional pay to receive the statutory minimum.
How to ensure fairness?
Consistency and fairness is key. If you require staff to work the extra hour in October, you should follow the same rules when the clocks go forward in the Spring and allow workers to work an hour less. This will cancel out the extra hour worked later on in the year. Adopting a particular practice one year will also lead to an expectation that staff will be treated the same the following year.
Working Time
Any requirement for night shift workers to work extra hours should not impact on their working time rights. Regardless of the clock change, night workers must not work, on average, more than 8 hours in any 24-hour period. Adult workers will also remain entitled to the 11 hours’ consecutive rest in any 24-hour period. It is important that these working time rules are considered to ensure the organisation is not breaching staffs’ rights.
Staff who are scheduled to work on the following Sunday should be reminded, in advance, about the clock change to ensure they are able to attend work on time.
Can Hill HR help?
If you have any questions, Hill HR would be happy to help. Simply contact us to arrange a conversation or why not book a slot in my calendar for a quick chat.
