Can my employer make me change my hours?

Can my employer make me change my hours Your employer can’t change anything in your contract – including your working days or hours – without your consent.

In fact, it might even been discriminatory for them to change your contract. For example, if you have caring duties, any changes could amount to disability discrimination, while if you have childcare duties it might be counted as sex discrimination.

This article digs a little deeper into the law as it relates to changing your contracted hours.

Changes

What if your employer wants to change something fundamental about the way you work, such as:

Your working hours?
Your work location?
The amount they pay you?

The changes might be favourable, in which case, you’ll probably be quite happy about it.

But you’re unlikely to be happy if you think the changes are unfair, such as moving you to a new site, or reducing your hours, or dropping your salary for no apparent reason.

Jargonbuster

First, let’s interpret some of the jargon you’ll need to be familiar with in relation to this situation.

Imposed changes = Changes that are made without your agreement.

Variation clause = When your contract already allows your employer to make changes

Dismissal and re-engagement = When your employer dismisses you then re-employs you on different terms. Sometimes called ‘New for old’ or ‘Fire and Rehire’. If they don’t follow a fair process when dong this, you may be able to make a claim against them.

Do you have caring responsibilities?

If you have caring responsibilities, it can be tricky for you to be as flexible as your employer might like.

For example, you might have be available to pick up young ones from nursery at a certain time, or you care for an adult who needs help to take their medication at set times, or your work has to fit with your partners’ shift pattern to ensure there’s always someone home with your children.

If your employer wants you to change your hours in a situation like that, talk to them to explain why it might be difficult for you to agree to a different working pattern.

Your employer will (hopefully) then be aware they need to consider the implications of the Equality Act 2010.

For example, it might be sex discrimination if you can’t change your working hours because of your childcare responsibilities.

Your legal rights

Usually, it would be illegal for your employer to make changes to your working hours without your consent, or to make such changes and threaten to sack anyone who doesn’t agree with them.

Your options

If you’re happy with the change…

It’s possible to agree to the new terms verbally but it’s best to confirm it in writing, making it clear if the change is temporary or permanent.

If you’re unhappy with the change…

You can refuse to accept the change – unless the change is reasonable and your contract allows your employer to make such a change.

So, the first thing to do is check your employment contract and/or staff handbook to see whether your employer is contractually allowed to change your hours (or anything else).

What you’re looking for is a clause called ‘Flexibility’ or ‘Variation’. If there is one, it should detail what changes your employer can make, the process they should follow (such as what type of consultation is involved), and how much notice you should get. The notice period for making changes will probably be the same as the notice period for ending your employment.

If you’re not consulted, your employer may be acting in breach of the contract which could give you grounds to resign and pursue a claim for unfair constructive dismissal.

You might also notice a ‘Mobility’ clause. If it’s clear and specific, it may allow your employer to change your place of work, within reason. If the business is moving far away, and you don’t want to move with them, you might be offered redundancy or remote working, for example.

Even if they do have the right to make the change, you can protest if you want to. Scroll down for more information about that.

Note that, if you don’t have a written agreement but you’ve worked the same way for a period of time, it still counts as a contract and your employer can’t change anything substantial without your acceptance.

Has your employer breached the contract?

If they impose unwanted changes on you without consent, your employer has breached the contract of employment they have with you, and there are various actions you can take.

Carry on working the new hours without complaining. If you do that, you are effectively agreeing to the change
Negotiate with your employer to agree times that work for you and them. You never know, you might be able to find a compromise that means you can both be happy
Submit a statutory flexible working request. You have the right to ask, but they might say no, and it could count as acceptance of the new terms unless you spell out: “This application is made on the basis that I object to the change being made and that I do not agree that the change is lawful”
Continue working, but under protest. To do this, you should tell your employer in writing that you object to the change. Ensure you object without delay, so it’s not assumed that you accepted the new working pattern. If time drags on, you may need to re-submit your letter of objection every few weeks
Involve your trade union (if any) to get their support. If the trade union agreed the change on behalf of all employees, there’s not much you can do
Refuse to work the new hours and carry on working your old hours

Legal steps to take

Your employer needs to be able to objectively justify the change they want to make. If the initial actions detailed above haven’t resolved the issue, here’s how to get more serious:

Raise a grievance against your employer by going through their disciplinary process. This is an important step to take if you think you’ll make a claim later
Contact Acas to start early conciliation. Almost all claims have to go through Acas first, in an attempt to resolve things amicably and save expense of going to the tribunal
Resign and bring a claim against your employer for constructive dismissal (assuming you’ve worked there for two years, or one in NI). Note that these claims are notoriously difficult to win, so it would be wise to stay on and take legal advice about the best approach to take before resigning
Bring a claim against your employer for discrimination (note that you have to act quickly, as claims must usually be made within three months less one day from the date of the issue you’re claiming about)

At any of the stages listed above, you can talk to us. We are employment lawyers with offices in the UK who specialise in solving legal problems for employees. Note that we never act for employers, and the initial consultation is absolutely FREE.

Were you dismissed?

If you lost your job because you refused to agree to an unwanted change to your contract, and you were employed for two years or more, you can make a claim for unfair dismissal. Your chances of winning depend on the change they wanted to make and the process they followed when imposing the change.

If you were dismissed because of discrimination, you can make a claim without being employed for two years.

Every case is different

Here are some real-life examples (just to show how complicated it can be):

JM usually works the same five hours over four days. She has a condition that causes her to feel unwell occasionally and wants to swap her day off to fit around her energy levels each week. Can she do it?

JI is a single mum and carer for her parents and grandparents, and usually works 9am to 5pm from Mondays to Fridays. Her employers gave her a letter saying she was changing to a rolling shift pattern from 8am to 9pm, 7 days a week. Does she have to sign it?

JS works four days a week. Her manager has asked her to change to five days. It’s not in her contract. Can they force her to do that?

AS does late shifts so she can take her daughter to school when her partner is at work. Her employer wants her to do early shifts. Can they change her contract?

JA is an HGV driver on a rolling 7-day shift pattern. He wants to work Monday to Friday only so he can see his children at weekends. Does his employer have to agree?

CH works for the police force. After two months in a new role, he was told he could no longer work shifts or weekends so will lose 34% of his salary. He doesn’t have a contract yet. Can they change the terms?

JSA works four days on, four days off. The employer has changed the working hours to four days on, three days off – without consultation. But JSA has holiday booked, so can’t accept the change. What should they do?

AA has been TUPEd to a new company which is demanding that she work weekends. But she’s a single parent to three young children and has no childcare at weekends. Does she have to do the new hours?

As you can tell, the answers are not always straightforward. That’s where our legal expertise comes in.

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