Can My Staff Work on Weekends?

In today’s dynamic business environment, the usual work pattern of Monday to Friday is no longer the only model or way of working. Many businesses require staff to work weekends to handle increasing workloads, cater to the needs of clients or simply offer weekend work as a way to provide greater flexibility to staff. This article examines the legality of allowing or requiring staff to work on weekends and the practical implications of doing so. 

Working Time Regulations

The legal starting point would be to consider the ‘Working Time Regulations’ (WTR). Under the WTR, unless an employee opts out or the exemptions apply, the maximum number of hours an employee can work on average (normally averaged over 17 weeks) in any given week is 48 hours, including overtime. The maximum number of hours is reduced to 40 hours per week, or 8 hours per day for ‘young workers’ (those aged 18 and under). Workers must be given at least 24 hours of uninterrupted rest period each week or one uninterrupted rest period of 48 hours every two weeks. It is an offence to fail to comply with these minimum requirements.

Exemptions and Partial Exclusions from the WTR 

There are certain categories of workers who are partially excluded from the provisions of the WTR and these include:

• ‘autonomous decision makers’, or workers with control over their own hours who are not monitored by employers, such as managing executives; 
• mobile workers who are not covered by the Aviation Directive or Road Transport Directive; 
• shift workers who, when they change shifts, cannot take a weekly or daily rest break; 
• workers whose duties involve work that is split during the day; 
• workers in the armed forces, emergency services, police, security or surveillance; 
• workers employed as domestic servants in a private household; and
• workers employed as as a seafarer, sea-fisherman or worker on vessels on inland waterways. 

These workers do not benefit from the WTR on legally mandated weekly or bi-weekly minimum uninterrupted rest breaks. 

Shop and Betting Workers 

Shop workers and betting workers are protected explicitly from working on Sundays under the Employment Rights Act 1996 (as amended). Where it is specifically included in their employment contracts to work on Sunday, a shop worker or betting worker may, at any time, give an “opting-out notice” to their employer that they object to Sunday working. However, this protection does not apply to shop workers and betting workers who are only employed to work on Sundays. 

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Contractual Considerations

Beyond the statutory requirements, it is crucial to consider the terms of employment contracts. If an employee’s contract specifies working hours that do not include weekends, you generally cannot unilaterally change this without the employee’s consent. Many contracts, however, include clauses about flexibility in working hours or the possibility of occasional weekend work.

Industry Norms and Business Needs

The acceptability and necessity of weekend work often depend on the industry and specific business needs:

• Retail and Hospitality: Weekend work is typical and often expected, as these are typically busy periods.
• Healthcare: Hospitals and many healthcare facilities operate 24/7, necessitating the need for weekend shifts.
• Emergency Services: Police, fire, and ambulance services must be available at all times, including weekends.
• Manufacturing: Some production lines operate continuously, requiring weekend staffing.
• Professional Services: While traditionally Monday to Friday, some firms now offer weekend services to accommodate client needs.

Employee Considerations

While some employees may welcome the opportunity to work weekends, others may find it disruptive to their personal lives. Employers should consider:

• Work-Life Balance: Weekend work can impact family time, social activities, and overall work-life balance.
• Religious Observance: Some employees may have religious obligations that preclude working on certain days.
• Childcare: Weekend work can be challenging for employees with children, as childcare may be less available or more expensive.
• Compensation: Employees may expect higher pay rates for weekend work.
• Fatigue and Burnout: Consistently working weekends without adequate rest can lead to burnout and decreased productivity.

Potential Legal Risks

While weekend work is generally permissible, employers should be aware of potential legal risks such as:

1. Discrimination Claims: Forcing weekend work could lead to indirect discrimination claims if it disproportionately affects certain protected groups (e.g. those with childcare responsibilities or religious observances).
2. Constructive Dismissal: Unilaterally imposing weekend work where it was not previously required could potentially lead to constructive dismissal claims.
3. Breach of Contract: Requiring weekend work when it is not specified in the employment contract could constitute a breach of contract.

Key Takeaways

The question of whether staff can work weekends does not have a simple yes-or-no answer. It depends on legal requirements, industry norms, business needs, and the terms of your employee’s contract of employment. Ultimately, you are legally required to provide a weekly uninterrupted rest break of at least 24 hours or 48 hours if provided bi-weekly. While weekend work is necessary and common in many sectors, employers must implement it thoughtfully and fairly.

If you employ staff, 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.

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