Do you lose out on working hours when the clocks go back? – advice by Peninsula Employment Law Director Alan Price

Photo: Journeaux

Clocks going back - an extra hour in bed

Daylight Saving Time is coming to an end on Sunday 28 October, meaning the clocks will go back an hour at 2.00am.

Although those who do not work at the weekend can simply enjoy an extra hour in bed, it is important to consider how this will affect working hours, and pay, for those at work in the early hours of Sunday morning.

Firstly, you should check your staff’s contracts. If the employee’s contractual shift specifies they start at 12.00am and finish at 8am, this will mean that they have to work for nine hours instead of eight. However, if the contract outlines that they work for a period of eight hours from 12.00am, the employee will instead be able to finish at 7.00am. In this situation, you should consider asking the employee to work the extra hour as overtime.

When examining how the clock change will effect contracted hours it is important to remember that all adult night-workers must not work more than an average of 8 hours in a 24-hour period. This average is usually calculated over 17 weeks but can be over a longer period of up to 52 weeks if the employer and their employees agree. An employer must therefore bear this in mind when deciding if members of staff will be required to work the extra hour.

Generally, a contract that says the worker is entitled to hourly pay for every hour worked means they will be paid extra if they work an extra hour. However, salaried workers will receive their normal salary regardless if they work any extra hours, with any additional wages being paid through the overtime. It is important to remember that salaried workers all have the right to be paid the national minimum wage and it is illegal for them to not receive this. If they work this extra hour for no pay, their earnings may fall below minimum wage.

For all employees scheduled to work on Sunday morning, they should be reminded that the clocks are going back an hour and encouraged to prepare for this.

Employee lateness can be costly for a company and employers can consider disciplining any late worker if they believe it is necessary.