The last Sunday of October sees the end of British Summer Time, when most of us will enjoy an extra hour in bed.
Love it or loathe it, daylight saving was adopted in 1916 during the First World War as a way of improving productivity. A hotly debated issue, those in favour argue that it’s a way to cut back on energy consumption, support leisure and tourism, and reduce road accidents.
Cows Are Confused
Those against the biannual adjustment cite safety concerns about darker mornings, problems caused to our body clocks, and the effect that changing routines have on livestock – with some farmers saying their cows are confused and their chickens disorientated.
Moving back to Greenwich Mean Time, which this year falls on 27 October at 2am, also has consequences for night workers who find themselves with an additional hour to fill.
Around 27% of the workforce, equivalent to 8.7M people, are night time workers, with the majority working in health, social care, hospitality and leisure, service industries, and transport.
While most employees won’t be affected, there may be implications for pay and working hours for those on this particular night shift. The ‘night period’ is 11pm to 6am and a night worker is someone who usually works at least 3 hours during this time.
There are limits on night working and working unsociable hours: this means workers can’t, on average, work more than 8 hours in a 24-hour period. Average hours are calculated over a rolling 17-week time frame.
Employers must protect night workers because of the possible effect on health, safety and wellbeing. Special rules apply to maximum weekly working hours, rest periods, conditions, and health assessments.
Must Bosses Pay The Extra Hour?
Unlike the spring adjustment at the end of March, when clocks go forward and we lose an hour, the autumn clock change potentially poses a risk of minimum wage violations or working time regulation concerns.
How employers deal with this when the clocks go back at the end of this month is generally down to their own discretion - but will also depend on the employment contract and statutory rules about the national minimum wage and working time.
Employees working an eight-hour night shift will find themselves working nine hours if they clock on and off at their usual times. Whether you pay them for working the additional hour can differ for a worker who is on a salaried income or someone who is paid an hourly rate for the work they do.
Salaried employees, who receive a regular amount regardless of exact hours worked, will likely see no difference in their pay due to the expectation that they sometimes work additional hours without extra remuneration or work fewer hours without a reduction in pay.
Hourly workers are generally paid for the actual hours worked, which suggests that they would, for example, receive pay for nine hours instead of the usual eight. This is where the distinction between hourly and salaried employees becomes significant.
Check The Contract
You also need to look at what’s specified in the employment contract. Does the wording stipulate the length of hours a shift should be (for example, eight hours) or are the required hours set out - for example, 10pm-6am.
If it’s not a contractual obligation, the decision to pay staff for the lost hour is up to the employer.
Employers should make sure that:
· Decisions don’t take the employee’s wage below the minimum pay rate.
· Existing employment agreements are met.
· Statutory working time rules are complied with.
· Decisions are applied equitably – for instance assigning shifts fairly between staff.
Firms might want to compensate for the extra hour by allowing employees to work an hour less at another time, effectively balancing out the longer shift, or give them time off in lieu. Whatever rule is settled on, it should apply to all relevant staff equally.
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Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.
