The clocks go back one hour at 2:00am on Sunday 31 October 2021. But what does this mean for staff working a night shift? Must they be paid for working an extra hour? Or can they go home when they’ve worked their usual number of hours, even though the clock says they have an hour to go?
When the clocks go back: FAQ
How should employers deal with employees who are working when the clocks change?
Clocks changing from British Summer Time (BST) to Greenwich Mean Time (GMT) can cause confusion among employees and employers if staff are working overnight.
Generally, it is for employers to decide how they handle the situation, but this is subject to the statutory rules on the national minimum wage and working time, and anything contained in the employees’ contracts of employment.
Check the wording of contracts
Employers should check the wording of the contracts of employees who are working when the clocks go back. For example, a shift could be said to be from 10pm to 6am or the requirement could be to work an “eight-hour shift”.
Night work
Employers don’t necessarily have to pay employees for working an hour longer on a particular shift. The situation can differ for hourly paid and salaried employees.
A salaried employee is more likely than an hourly paid employee to be required to work extra hours without additional pay. However, as long as the employer is paying at least the national minimum wage, entitlement to payment will depend on the employer’s rules on overtime.
Of course, employers can always choose to pay their employees for the extra hour, or to allow them to go home once they’ve worked the normal number of hours, regardless of their contractual obligations.
Don’t fall below the national minimum wage
If an employee who is paid at or near the national minimum wage rate works an extra hour when the clocks go back, the employer must be careful that the extra hour does not take the employee’s pay below the relevant rate.
Check the rules on working time
Employers should also be careful that the extra hour does not lead to a breach of the rules on maximum night time working hours and minimum rest breaks.
Be consistent
For some workers, the position will even out when they gain an hour when the clocks go forward again.
But this won’t always be the case – a worker who works an extra hour in October might not be working the night shift when the clocks go forward again in March.
Nevertheless, in the interests of fairness, employers that require employees to work by the clock in October should do the same in March, when they will be able to go home after working an hour less.
This article was originally published in 2016 and has been updated.
7 comments
What would the law say if in the contract of employment stated that the employee was promised a certain rate of pay per hour depending on the times of day? So for instance if they were paid £9 per hour between 8pm and 8am. If they were then neither paid the extra hour because the clocks went back or allowed to leave early, would this be legal? Surely it should be one or the other and as the contract states £9 per hour worked every hour should be paid?
how does this article even make any sense in the United States of America in California because october 28th, 2018 was this past monday not Sunday. and to my knowledge the clocks turn back after midnight tonite
which right now it’s Saturday 1053pm pst
This article applies specifically to workers in the UK.
My rate dropped to £7.37 after doing a 13 hour shift and only getting paid for 12.
You gave your employer 1 hour of your time for free?… Does he pay you for 8 when you only work 7 in the spring?
I work 7 hours do I still get pay if the time go Forward I work nights
Work 4 on 4 off. Working nightshift in October so working extra hour but day off following march. How will that work with extra hour