Shift changes

An employment contract is an agreement between employee and employer, outlining both sides’ rights and duties. Sometimes it may be necessary for your employer to change the terms and conditions of such a contract and in some cases the employee may wish for their contract to be changed. The rights of the employee will be dependent on their contract type.

If the employee/employer wants to change

In most cases where the employer wants to make changes, these can be agreed directly between you and your employer or through a ‘collective agreement’ between your employer and a trade union. This might be allowed by your contract even if you’re not a union member.

If you want to make a change, speak to your employer and explain why. You can’t insist on making changes unless they’re covered by a statutory right (for example, opting out of Sunday working or the 48-hour week). You might be able to apply to change your hours under flexible working rights.

Other types of contract

Zero contracts are contracts of employment which do not specify any number of hours that the employee will be required to work. The contract says that instead of working a specific number of hours per week, you must be ready to work whenever you are asked.

Your employment contract may include ‘flexibility clauses’. These give your employer the right to change certain conditions, for example, shift patterns. A flexibility clause that is vaguely worded – for example, ‘the employer reserves the right to change terms from time to time’ – cannot be used to bring in completely unreasonable changes. This is because there is an ‘implied term of mutual trust and confidence’ in all contracts that requires the employer not to act completely unreasonably.

‘Key time’ contracts are those where you are guaranteed some work but are not guaranteed regular hours each week.

For further information please contact your Human Resources department.