Clocks Going Back: What Does It Mean for Employee Rights?

With the clocks going back and some potentially working an extra hour, individuals may question what this means for their employee rights. Do individuals have to work the extra hour? And if they do, will they be paid for it? 

Read on as we explore these questions and more. We will examine when the clocks went back, who was affected, and the legal requirements employers must comply with.

If you have any questions about your employee rights, please don’t hesitate to reach out. Redmans Solicitors are experts in the employment law sector. Following a quick chat, we can assess your circumstances and provide specialist advice. 

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Clocks Going Back – Will I Have to Work the Extra Hour?

One of the big questions with the clocks going back concerns whether individuals have to work the extra hour. However, before we uncover this, it’s probably worth answering, “When do the clocks go back?”

Well, each year, the clocks go back one hour at 2 am on the last Sunday of October. Therefore, this year’s British time change took place yesterday, on Sunday, 27 October.

For those who had to work that day, their contract’s wording will have played a significant role in whether or not they worked an additional hour. Generally speaking, there are two main ways an individual’s contract could be worded.

If an employee’s contract specifies hours worked, such as from 11 pm until 7 am, they may be expected to work the entire shift. In circumstances where the clocks go back, their shift would effectively become nine hours instead of the usual eight.

Yet, if an individual’s contract specifies that they work eight-hour shifts, they would likely only be required to do that. With the clocks going back, the individual in this situation should have finished an hour earlier.

Will Night Workers Get Paid for the Extra Hour? 

Night workers who worked the additional hour may then wonder if they will be paid for it. Again, this will largely come down to an individual’s contract and the ‘employee rights’ they’re entitled to.

If an employee is paid by the hour, they should receive payment for all hours worked. Thus, if they worked an additional hour because of the British time change, they should be paid for it.

Conversely, salaried employees aren’t automatically entitled to extra pay for the additional hour with the clocks going back. That said, if their contract includes overtime provisions or working the extra hour brings their hourly wage below the National Minimum Wage, their employer must compensate them accordingly. Even without these conditions, employers may choose to offer additional pay.

Rights Under the Working Time Regulations 1998

With the clocks going back at 2 am, night workers were affected. But who exactly are “night workers”? Well, these are individuals who typically work a minimum of three hours during the night. Under the Working Time Regulations 1998, nighttime refers to the hours between 11 pm and 6 am.

Employers must ensure they don’t infringe specific employee rights related to night workers. For example, such individuals are only allowed to work, on average, eight hours in a 24-hour period without the option to ‘opt out’. Often, this is determined over a 17-week timescale, with overtime included in the calculation.

What’s more, due to the well-being risks associated with working at night, health assessments must be offered for free, and the right to rest breaks must be granted. If a shift lasts longer than six hours, workers are entitled to an uninterrupted 20-minute break. Additionally, such individuals must receive 11 hours of consecutive rest in any 24-hour period and one day off weekly or two days fortnightly.

Key Considerations for Employers with Clocks Going Back

The British time change brings several considerations for employers. It may have already occurred this year, but to help manage the clocks going back fairly and in compliance with employee rights annually, employers should:

  • Clarify Contractual Terms – The wording of an employee’s contract is essential in determining whether they should work the additional hour. Reviewing whether their contract stipulates a fixed time or duration will help clarify this.
  • Plan Payment Protocols – For those paid by the hour, ensuring they receive additional remuneration for any extra time worked is critical. However, even if an employee is paid a salary, their employer must ensure their wage satisfies any overtime entitlements and National Minimum Wage requirements.
  • Ensure Compliance with Working Time Regulations – Since the clock goes back in the early morning hours, night workers are affected. With this in mind, employers must ensure their shift lengths don’t exceed the maximum period allowed. They must also ensure breaks and rest periods remain adequate.
  • Communicate Clearly with Employees – Communication is key to a good working environment. Informing the workforce about how the extra hour will affect their shift length and payment will help avoid confusion and ensure they understand their rights.
  • Offer Flexibility Where Possible – In the modern day, employees value flexibility. Offering employees the option to leave early or receive payment for overtime demonstrates goodwill and consideration for well-being and fairness. This can go a long way to improving staff morale, which may result in increased productivity and reduced staff turnover.

Get Help With Redmans

We hope this article answered your questions about the clocks going back. However, if you have any more questions or believe your rights have been breached, please don’t hesitate to get in touch. It could be that you were forced to work when you shouldn’t have, missed out on pay you were entitled to or worked over the maximum shift period requirement.

No matter the case, following a quick consultation, we can assess your circumstances and advise on how you could proceed. Should you be eligible to claim compensation, we could help navigate you through the legal process.

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