Short notice shift pattern change

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I know that sudden changes to your working hours can be extremely disruptive, especially when you are trying to juggle your life outside of work. Let us take a look at where you stand.

The legal position:

Whether your employer can change your shifts at short notice mainly depends on what is agreed in your employment contract.

Many contracts include what is known as a flexibility clause. This is a section that specifically allows your employer to change your working hours or shift patterns. If you have one of these clauses, your employer broadly has the right to change your shifts, but they cannot just do whatever they want. The law requires them to use this power reasonably. This means they should give you reasonable notice before the changes take effect.

What counts as reasonable notice is not strictly defined in a single piece of legislation. It depends on facts like how drastically your hours are changing, why the business needs the change, the normal practice in your workplace, and how the change affects you personally.

If your contract does not have a flexibility clause, your shift pattern is usually considered a fixed term of your employment. Your employer cannot legally change it without your agreement. If they try to force the change on you anyway, they could be in breach of your contract.

Important limits on working hours:

Whatever your contract says, your employer must still follow the Working Time Regulations. For example, you are generally legally entitled to at least 11 hours of uninterrupted rest between finishing one shift and starting the next, and you must get a rest break if your shift is longer than six hours.

Missing details to keep in mind:

To know exactly where you stand, we would need to look at a few missing facts. The most vital document is your written employment contract and any staff handbook. It also matters exactly how short the notice was, your length of service, and whether you have specific caring responsibilities or a disability that makes this sudden change particularly harmful to you.

Practical next steps:

1. Read your contract
Have a careful read of your employment contract and look for any rules about working hours, shift patterns, or flexibility clauses. This will tell you your starting point.

2. Have an informal chat
Before treating this as a formal dispute, speak to your manager. Keep it friendly and constructive. Explain clearly why the short notice is causing you difficulties. Sometimes managers do not realise the knock-on effect on things like childcare or travel, and they may be willing to compromise or give you more notice.

3. Consider a flexible working request
As of April 2024, employees in England and Wales have the right to request flexible working from their very first day in a job. If the new shift pattern genuinely does not work for your personal life, you can submit a formal written request to work specific shifts. Your employer must deal with the request reasonably and consult with you, though they can still refuse it for valid business reasons.

4. Object in writing
If your employer insists on the short notice change and you feel it is unfair or goes against your contract, it is important to tell them you do not agree. You should put this in writing. You can state that you are working the new shifts under protest. If you say nothing and just turn up to work the new shifts, your employer might later argue that you accepted the change by your actions.

5. Raise a formal grievance
If informal chats lead nowhere, you can raise a formal grievance using the official procedure at your workplace. This forces your employer to formally investigate your complaint, sit down with you in a meeting, and give you a written outcome.

6. Talk to Acas
If you cannot solve the issue internally, Acas is an excellent free and impartial government-backed service that helps resolve workplace disputes. They can offer guidance and provide an early conciliation service. This involves a mediator helping you and your employer reach an agreement without anyone needing to face an employment tribunal, which can be stressful, costly, and take a very long time.