by Inhouse Reporter
23. August 2012 12:06
We asked Nick Babington of Peninsula to answer a common question that arises over dealing with staff working hours.
Q. I want to change our nine to five working hours by making employees start at 8am and work until 5.30pm. To compensate I propose to introduce an extra two days of holiday a year in addition to paying for the extra hours. Naturally I will put new recruits on these hours but how should I handle the switch for my existing workers?
A. You cannot unilaterally change the hours of your employees. You need to consult them and get agreement for this change. Discuss what you want to change, why you want to do it and see what options you can come up with.
Set out clearly the reasons why you want this change. You are looking to add an extra one and a half hours to the working day so you must be able to explain why this is important. What are your reasons for needing to be open an hour earlier and closing half an hour later? Does the entire workforce need to be present at those times?
Consider if your needs can be met by having a shift pattern, with some people starting and finishing earlier, others starting and finishing later and the rest staying the same. You may find that this meets your needs just as effectively without increasing the wage bill. It may also suit some members of the workforce and give you greater flexibility over the lunch period. Some of your employees may be prepared to work the various shifts on a rotation basis.
It is important to remember that some people may not be able to accommodate a change in hours because of childcare or dependent relatives. You have to think carefully before introducing a change that could place some of your employees at a disadvantage. When letting your employees know that you are considering making a change like this, it is always good to offer some kind of incentive to make the change seem more favourable, which you are doing with the extra holiday entitlement.
Ultimately, if you have a pressing business need to make this change for all employees and you cannot get their agreement, you may have to enforce the change. If you have a variation clause in your contract, you can use it. If not, your only other option will be to dismiss and offer re-engagement on the new terms. However, this is risky and you could end up with tribunal claims for unfair dismissal and discrimination.
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