Changing an Employees' Working Hours

In a time where conventional working hours are becoming less common, options like flexitime are becoming more standard. However, not all companies are embracing options like working from home or irregular hours. In these cases, employees may need to make a case for any changes to their working hours.

Naturally, any changes to an employee’s working hours must be agreed upon by both the employee and the employer. Failure to do so can result in troubles for the employer, as the employee may be entitled to claim a breach in contract. Any changes should be beneficial to all parties involved, so to an agreement both the employee and the employer should understand how to broach and discuss the subject.

Changing hours of work

So how does an employee request a change of contract working hours?

First, as an employee, it’s vital to explain to their employer exactly why they want to make any changes to their working hours. These reasons should be paired with any potential issues changes to working hours may raise, along with solutions to them.

Once these have been noted, they should be compiled into a comprehensive letter. Putting a request into writing will help establish the groundwork which both the employee and employer can discuss.

When both parties are open to a discussion, the employee can also consult or negotiate with the help of representatives, who can include other employees or assistance from a trade union.

This discussion will allow both the employer and employee to be open with expectations and concerns about any potential changes to working hours. Because of this, both parties may present alternative ideas than those initially proposed, such as changing to compressed hours or part-time working.

It’s worth noting that some statutory rights may justify a change of working hours, such as not wishing to work on a Sunday.

Employee rights on a change of working hours

In regards to employment law on a change of working hours, within an employment contract, there can be ‘variant clauses’. These clauses generally allow minor changes to a contract, yet they must be clear and precise about what they can change.

If an employer only has these variant clauses to rely on for changes to working hours, an employee may protest these changes.

Changes to contracts using variant clauses cannot be made without due consideration. An employer must justify any attempts to change an employee’s contract due to variant clauses, such as if the company or business needs to reduce working hours due to financial struggles.

If this occurs, the employer needs to follow a fair procedure to utilise changes via variation clauses.

How much notice should be given for a change of working hours?

In Australia, to give notice of a change in working hours, an employer must consult with affected employees first, providing information about the proposed change, inviting feedback on its impact, and considering their views before implementing any alterations; this is usually done by giving reasonable notice depending on the nature of the change and the employee's contract, with the Fair Work Act encouraging open communication and consultation. 

When discussing the change of working hours, it can refer to two types of changes.

These can be either a short-term change, such as a shift change, or a permanent one, such as changes made to an employee’s contract. Each has a different legal notice period for a change of working hours.

If there have been changes made to a contract without discussion or agreement, these changes to a contract will likely be a breach of the contract of employment. Simple providing a written notice would not make these changes lawful.

Get the support you need when dealing with employee working hours

It can be difficult for both employees and employers to fully understand changes to working hours. This is where BrightHR’s expertise can provide valuable assistance. Get in touch today for employment relations advice or explore our many insightful HR resources.

We can help

Not found an answer to your question? Bright Brainbox gives you the answer to thousands of employment questions in seconds.

Do you need extra support? We’re always here to help. Get in touch on 1 300 029 198