Table of Contents
In Short
- Employees cannot be required to work weekends unless their contract specifies this or they have agreed to it.
- Changes to working arrangements, such as requiring weekend work, must follow consultation and legal procedures to avoid claims of unfair treatment or dismissal.
- Adhere to Working Time Regulations, providing mandatory rest periods and not exceeding the 48-hour weekly work limit unless an opt-out is signed.
Tips for Businesses
If weekend work becomes necessary, communicate clearly with employees and secure mutual agreement. Maintain compliance with rest break and working time rules to avoid grievances or tribunal claims. Update contracts carefully when making changes to ensure clarity and reduce risks. Seek legal advice if in doubt about your obligations.
Working arrangements have evolved significantly in recent years, making flexibility increasingly crucial for employers and employees. The question of weekend work is not just about legal compliance—it is about balancing business needs with worker wellbeing and rights. While having employees work weekends may seem straightforward, UK employment law sets out specific requirements employers must consider. These include regulations around rest periods, working time limits, and additional compensation that may be required for weekend work.
Before implementing weekend working arrangements, employers must understand their legal obligations under the Working Time Regulations 1998, relevant employment contracts, and any applicable collective agreements. They should also consider practical aspects such as employee consent, fair scheduling, and potential impact on work-life balance. This article explores the key legal considerations for weekend work, helping employers navigate their responsibilities while maintaining positive workplace relationships.
Can Your Employees Work on Weekends?
When considering what you can require from your employees, you should start with the employee’s employment contract. An employment contract governs the employment relationship. However, as a rule of thumb, an employee cannot be made to work on weekends unless they have previously agreed to this with their employer or their employment contract stipulates this.
If an employee’s contract states that they may be required to work on the weekend, you can request that the employee work on that weekend. Otherwise, the employee could breach their employment contract, and you may be able to take disciplinary action against them.
If this is not the case, you would need to either consider varying the terms of an individual’s contract or mutually agree with the employee that they may be required to work a particular weekend (for example, during busier periods).
Suppose your business has a hectic period (such as a gift factory during Christmas). In that case, you may ask employees to work some weekend shifts temporarily. This should allow your business to deal with the increased volume of orders. This should be mutually agreed upon, and the employment contract will not need to be altered to allow for this.
Can You Vary Employment Contracts to Make Weekend Working Permanent?
If you are looking to require your employees to work on a weekend on a permanent basis, and this still needs to be outlined in their contract of employment, there will be a process that you will need to follow. In the first instance, it is ideal to informally consult with your employees to see whether they will accept the proposed changes to their employment.
If the employee accepts the change, you should issue a letter confirming the variation of their employment contract. Or, alternatively, you may wish to issue them with a fresh employment contract to reflect any substantial changes to their terms of employment.
However, suppose an employee refuses to agree to your proposed changes in the working hours. In that case, you should begin a consultation process with the employee. This will aim to find a resolution and better understand why they cannot accept the changes. If an agreement can be reached, you follow the usual process of drafting a letter or a new contract.
However, what if you cannot reach a resolution? In that case, employers may take a commercial view to proceed with their plans to vary the terms of the employee’s contract, fire and rehire the individual, or terminate their employment contract entirely.
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Considerations
The key consideration here is to consider the circumstances carefully and your legitimate goal. Taking a commercial view could potentially increase the risk of a claim being brought against you for discrimination (if the employee has a protected characteristic), breach of contract, or constructive dismissal.
This follows the updated Acas guidance on ‘Fire and Rehire‘. This discourages businesses from using this method unless it is their last resort. Failing to follow this code could result in a 25% compensatory uplift from the employment tribunal.
As an employer, it is crucial to stay compliant with ever-evolving employment law. This factsheet outlines key changes in 2024 that will affect how you manage your workforce.
Restrictions on Working Weekends
Special Weekend Working Rules for Shop and Betting Workers
Under employment legislation, restrictions relating to working on a Sunday in the retail and betting industry provide protections for staff. Under these statutory provisions, staff cannot be made to work on a Sunday if:
- they are a shop worker who have been employed since 26th August 1994 or earlier; or
- they are a betting shop worker employed since 3rd January 1995.
Shop workers and betting shop workers who may be required to work on Sundays have the right to opt out of working on Sundays at any time unless they are employed to work only on Sundays. Employers must give all such workers a written statement explaining their opt-out rights within the first two months of employment.
Working Time Regulations (WTR) and Rest Breaks
Under the WTR, an employee cannot work, on average, more than 48 hours per week unless they choose to opt-out. Employees can opt out of the working time limit by signing a form and returning it to their employer. This is a key consideration if an employee is working full-time and taking on additional weekend hours or if the employee is likely to exceed the 48-hour threshold.
Furthermore, employees have the right to rest breaks. The rules for rest breaks can be found below:
- During the working day: at least a 20-minute rest break if the employee is over 18 and works more than 6 hours per day;
- Between working days: 11 hours’ rest between finishing work and starting work; and
- Between working weeks: 24 hours every 7 days or 48 hours every 14 days (which can be taken in one block of 48 hours or two blocks of 24 hours).
You must ensure that you are providing these rest breaks. Any failure to do so could result in employees raising a grievance. Or, even worse, pursuing a claim in the Employment Tribunal or reporting you to the Health and Safety Executive.
Key Takeaways
Ensuring that any weekend work is mutually agreed upon if not covered by an employment contract is key. Ensuring your employees have adequate rest breaks can ensure they are healthy and fit to work. This reduces the risk of a grievance or further possible action if you breach your rest obligations and an employer.
If you need help navigating varying your employees’ contract terms, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
It is not unlawful to ask an employee to work seven days in a row. However, employees have the right to an uninterrupted rest period of 24 days within a seven-day period. If an employee works for more than seven days straight, they must have a 48-hour uninterrupted rest period within the relevant 14-day period.
There is no minimum shift length, so employers and employees have flexibility in this regard. Naturally, employees who work less than an hour are likely entitled to the relevant proportion of their usual hourly rate.
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