Planning and implementing a good office rota is challenging. Doing so whilst taking work rota laws into account is even more so. But having a reliable and structured shift management system is useful for both large and small businesses, whether they are operating across many employees or a handful.
It’s crucial to the long-term health of your business that you not only ensure it operates profitably but also that you pay attention to maintaining a productive, healthy workplace.
In this guide, we will start with an overview of how a work rota works, then look at the legal obligations you need to meet regarding staff rota scheduling. We’ll also provide general tips for creating the best shift rota pattern for your company.
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Work Rota Laws in the UK
The Working Time Regulations 1998 (WTR) apply to employees in all sectors across the UK and stipulate that:
- Employees should not work more than an average of 48 hours each week. However, individuals have the right to opt out of this agreement if they wish to work more, provided they give their employer written notice and are over 18 years old.
- Employees should be given 11 consecutive hours off between shifts, and that one day off every seven days must be given, or compensation is due.
The Health and Safety at Work Act 1974 also states that employers are required by law to:
- Provide ‘suitable’ rest facilities for employees working through their breaks.
- Provide your employees with a work rota with advance notice. “Advance” is a legal term meaning there is no minimum or maximum amount of time they have to be given their shift schedules. Therefore, you should notify your employees at least one week to help them properly prepare for work.
- Keep full records of hours worked by their staff and ensure these are accurate. You can do this with our shift management software.
Common Questions About Work Rota and the UK Law
Can My Employer Force Me to Change My Shift?
This depends on what is written in your employment contract. If your contract set fixed hours and working pattern then your employer cannot force you to change your shift. However, an employer can change your working hours, including shift patterns, as long as the contract allows it. If an employee signed up for a more flexible contract, then an employer can change their contraced working hours.
If this is the case, it’s worth voicing your concerns to give your employer the opportunity to work out a compromise. However, the employer can refuse to do so and force you to accept their request.
Forcing employees into working patterns they are not comfortable with can damage morale and an employer’s brand reputation. Finding a happy medium that works for both parties is advisable.
How Much Notice Does an Employer Have to Give for a Shift Change in the UK?
There is no rule on how far in advance rotas should be done or shift change notice should be given. The law simply says employers must provide employees with a work rota in “advance”. “Advance” is a legal term meaning there is no minimum or maximum amount of time they have to be given their shift schedules. However, it is best to work out the schedule at least a week before the first shift is due to start. This gives your employees enough time to organise their lives around the rota and plan ahead.
How far in advance they should be noticed will depend on what is stated in their contract or employment policy. If your contract states a specific shift change notice period then they are legally obliged to follow this.
Changing rotas without notice can dangerously affect your employees’ health, wellbeing, and productivity. The same can be said for cancelling a shift last minute. Essentially, the more notice the better.
If you are unsure whether your employees will be able to cover specific shifts, you should ensure you have an effective communication system in place so they can get in touch with you and let you know if they’re available on certain days. You should also have clear guidelines on what happens when an employee calls in sick or wants to book time off.
Can My Employer Change My Shifts Without Asking?
In short, yes. Employers don’t need permission to change shifts if flexibility is written into the employment contracts. However, they must follow the correct procedure in doing so.
How Long Can an Employer Keep You After Your Shift UK?
Your employer has no legal right to force you to work longer than your contracted hours. They can ask, and you can accept, but there is no obligation to. Read up on overtime laws and pay to know your rights in this area.
Is a Rota a Legal Document?
Yes. Although there is not a specific law against not publishing work rotas, they are considered an essential part of planning work duties and allocating staff accordingly.
The Working Time Regulations 1998 state that all employees have the right to know their working schedules in advance, including any additional hours they will be required to work. The same goes for any changes that may occur during the course of the rota period. If you are managing a team, it will fall upon you to ensure that this is carried out effectively.
Night Work Shift Limits and Laws
By law, if your staff works for at least 3 hours in a night shift (11 pm to 6 am), they are considered a night worker. Shifts within this window would also be considered unsociable hours. They will probably be entitled to Minimum Wage, but you’re not obligated to pay higher rates for night shifts.
Moreover, young workers aged between 16 and 17 cannot work longer than 10 pm, so they won’t be entitled to night shifts.
For such workers who are allowed to sleep between tasks, the minimum wage will only be paid for the hours the employee was awake.
On the other hand, you need to be aware of the working hours limit that affects night workers as night working hours work slightly differently in the UK. Night workers are not legally allowed to work over an average of 8 hours in a 24-hour period. This includes regular overtime (not occasional overtime) and should be calculated over a 17-week period. This can be extended to 52 weeks if the employee and employer agree together. Night shift staff have no option to opt out of this limit.
As an employer, you must keep records of the past two years to ensure your staff are not exceeding the working hours limit.
There are three types of work breaks you must provide to your employees.
- Rest breaks at work daily, and a weekly rest break.
- At the workplace, employees who work in 6 hour-shifts or longer are entitled to a 20-minute rest break.
- Between working days, employees have the right to at least 11 hours of rest. Employees must have an uninterrupted 24 hours without any work each week or an uninterrupted 48 hours without any work each fortnight.
Managing Risks Associated with Shift Work
Working shifts can be a positive experience for both you and your employees, but there are risks associated with shift work that you need to be aware of.
The Health and Safety Executive (HSE) has identified the following fundamental issues:
Fatigue and Tiredness
Workers are more likely to report fatigue if they must work long hours. This will lead to a decline in the quality of work, as well as potentially increase the risk of accidents. You should have rules in place that ensure workers remain alert while at work.
You may also want to consider offering employees assistance with childcare or transport if their contracted working hours make it difficult for them to attend school or childcare facilities.
Sleep disturbance is one of the main problems with shift work. People who do shift work often struggle to sleep during the day, which can mean they are affected by sleep debt. This is a condition that occurs when people do not get enough quality sleep regularly. Sleep debt can result in fatigue, irritability, poor concentration, and reduced alertness, which can lead to errors at work.
You must provide your staff with a rota that details their shifts well in advance — the best would be at least four weeks before the schedule begins. It is also good practice to display them in a prominent place so that employees know what shifts they’ll be working and can plan.
Lack of Communication Between Shifts
Communication is key when dealing with shift work. It is important for all workers, regardless of which shift they are on, to know what other teams are doing and how their tasks relate to those being done by others. If not addressed, this lack of communication can lead to increased workplace stress and safety issues. Communicate with your workforce using employee apps like Beekeeper.
Workers may find themselves in a situation where they have to turn down social events, or they cannot spend as much time as they’d like with their friends and family.
This type of lifestyle can lead to long-lasting stress, depression, and other mental health issues, so HR managers must consider social consequences to build an effective rota.
Free Shift Rota Planner
You can easily use a staff rota template to organise employee shifts. Our free work rota template is available to download below.
Excel timesheets can help you kickstart your rota system, but it can get tricky to calculate pay rates and ensure your employees are not working above the working hour limit. A better solution would be using an all-in-one shift management tool and attendance tracking software. It will allow you to easily track your employees’ rotation hours and provides shift templates to simplify the process.
As your company grows, keeping a record of your staff’s working hours becomes tricky. But it is essential to ensure workplace sustainability and workers’ legal rights. That’s why HRIS are essential tools to manage work rota. As a plus, setting the right system will help you recognise workflow patterns that are not performing well, and measure productivity with ease.
Working Time Regulations and Shift Work Patterns
UK employment law (Working Time Regulations) state that:
- An employee cannot work more than 48 hours per week on average, including overtime working hours. It is important to note that averaging is calculated over 17 weeks and can be extended up to 26 weeks with a collective agreement. This means that you can put an employee on a 12-hour day shift and make it last longer than 48 hours if they get compensated rest days or extra paid vacation days later.
- A shift pattern must include 11 consecutive hours of rest breaks. And 24-hour rest should be provided in any period of 24 hours worked by an employee.
- A day off should be given at least once every two weeks (actual work time must not exceed 6 days). If necessary, this can be reduced to once every three weeks with a collective agreement, but no longer than this.
The best way to comply with these regulations is by using a planner tool that automatically calculates breaks and makes sure there are no violations in the final schedule.
The following is a list of the most common shift models you can adopt for your company:
- Alternate: Shift workers show up for work in alternating shifts. There are two alternating shifts, and the start times between each shift are close together or even overlapping. This shift pattern is commonly used in businesses where the workload is consistent throughout the day or night.
- Continuous: This is an extended fixed-shift schedule that has 24/7 operations and requires employees to work 12-hour shifts for three days at a time. This shift pattern offers employees more time off, but it also means that they have to work for longer periods.
- Double: In this shift pattern, three teams work in two consecutive shifts. They alternate between working in the morning and afternoon, allowing each team to have one full day off after every other working day so that they can rest before the next shift starts.
- Triple: Three teams rotate their shifts over 24 hours so that there is always someone available at any time of day or night to keep operations running smoothly. This kind of shift pattern is often used in manufacturing plants.
Implementing the Right Work Rota Pattern for Your Company
Every day more companies need to be open 24/7, and the eCommerce boom accelerated the emergence of this trend even further. But as the demand for non-stop services grows, employees’ health and productivity are also affected.
Therefore, effective shift management is needed to ensure compliance and prevent burnout. It is your job to plan and implement work rota schedules that respect your staff’s wellbeing and make it part of your corporate culture. This means involving your employees in the process of designing work schedules.
A well-planned, flexible, and accessible rota can help you meet customer demand and make the best use of your staff’s time. It can also give you the information you need to manage your business more effectively.
In fact, the lack of organisation is affecting employee loyalty, resulting in higher turnover rates. New research shows us how poor employment practices are dangerously common. 62% of UK workers are given short notice of their working hours, with the majority being notified of their schedule within a week of its start.
Our employee scheduling software solutions aim to streamline the scheduling of work shifts by reducing paperwork and providing a straightforward platform. We believe in transparency and sustainable growth, which is why we provide a clear path for planning your shifts that complies with the law.
In this post, we discussed the most common work rota patterns aligned with the UK employment laws and explored the best practices to implement in the workplace.