It is not uncommon for employers to ask employees to work weekends, including Sundays, especially in the retail and hospitality industries. However, there are certain rules and restrictions that must be taken into account, including those on Sunday working and the ‘working time’ rules.
UK law does not prevent employers from requiring employees to work weekends, but certain legal considerations must be met. Under the Working Time Regulations 1998, employees are entitled to a maximum average working week of 48 hours, unless they choose to opt out. Employers must also ensure that workers receive adequate rest breaks, including at least one full day off in every seven-day period or two consecutive days off in a 14-day period.
Weekend working arrangements should be clearly outlined in employment contracts. If an employee’s contract does not specify weekend work, an employer cannot impose it without mutual agreement. Changes to working patterns should also be discussed and agreed upon to avoid disputes.
Employees with religious or family commitments may have grounds to request flexible arrangements under the Equality Act 2010, and refusing reasonable adjustments could lead to claims of discrimination.
Young workers and certain industries, such as retail and hospitality, may also have additional restrictions regarding weekend work, and employers should ensure compliance with sector-specific rules.
Ultimately, employers should manage weekend work fairly, ensuring compliance with the law while considering employee well-being.
The following guide for employers looks at working weekend laws in the UK, including what employers can and cannot ask of their staff in relation to weekend-working.
The law on working weekends in the UK
Under UK law, an employee cannot be made to work on weekends unless they have agreed to this with their employer. This means that having to work weekends depends on whether there is any provision requiring weekend-working in an individual’s contract of employment.
If the employee’s contract does not reference any requirement to work at weekends, the employer and employee must agree to a contract change before the employee can be required to work on either a Saturday or Sunday.
An employee is not legally obliged to accept a change that adds weekend-working to their contract terms. A flexibility clause within an individual’s employment contract can be used by the employer to unilaterally vary an employee’s normal working hours, provided this change falls within the scope of any such clause. Otherwise, written agreement would need to be reached with the employee in question.
In contrast, if the employee is contractually required to work weekends, they can be asked to work on either a Saturday and/or Sunday in accordance with the terms of their contract. This contractual obligation may be a regular commitment or trigger an occasional request. Either way, an employee working under such a contract must be ready to work weekends.
If weekend-working has been agreed, the employee will only be entitled to their normal rate of pay, unless agreement has also been reached for an enhanced rate. By way of incentive, many employers will offer their employees time-and-a-half or double time for weekend-working, although this is not a mandatory requirement. An employer is also not legally required to provide an employee time off in lieu of working on either a Saturday or Sunday.
Is Saturday classed as a working day?
Whether Saturday is classed as a working day in the UK depends on the terms of an employment contract and the specific industry in which the business operates. There is no general legal requirement that defines Saturday as a working day; it is determined by contractual agreements and business needs.
In many industries, such as retail, hospitality, and healthcare, Saturday is considered a normal working day, and employees may be required to work as part of their standard rota. For other sectors, particularly office-based roles, Saturday is typically regarded as a non-working day, with the standard workweek running from Monday to Friday.
The Working Time Regulations 1998 do not specifically define working days but state that employees must not work more than an average of 48 hours per week unless they opt out. The regulations also require that workers receive adequate rest periods, including at least one full day off in every seven-day period.
Employers must clearly outline whether Saturday is considered a working day in employment contracts, policies, or staff handbooks to avoid misunderstandings. If there is no mention of Saturday as a working day in the contract, an employer cannot require an employee to work without mutual agreement.
If employees are required to work Saturdays, they may be entitled to enhanced pay if specified in the contract or company policy. However, there is no legal obligation for employers to offer additional pay unless agreed upon.
Religious or personal commitments may also impact an employee’s availability for Saturday work. Under the Equality Act 2010, employers must consider reasonable adjustments if an employee requests to avoid working on Saturdays due to religious observance or family commitments, provided it does not cause undue disruption to the business.
In summary, whether Saturday is a working day depends on contractual terms and industry practices. Employers should ensure clarity in documentation and fair treatment of employees when implementing working schedules that include weekends.
Is Sunday a working day?
Whether Sunday is considered a working day in the UK depends on the terms set out in employment contracts, industry practices, and operational requirements of the business. There is no general legal rule that designates Sunday as a non-working day; it is determined by the specific arrangements agreed upon between the employer and employee.
In industries such as retail, hospitality, healthcare, and emergency services, Sunday is often treated as a normal working day, and employees may be scheduled to work as part of their regular shifts. In contrast, many office-based or professional roles typically operate on a Monday-to-Friday schedule, with Sunday considered a non-working day.
Under the Sunday Trading Act 1994, large shops (over 280 square metres) in England and Wales have restricted opening hours on Sundays, while smaller shops can open freely. However, these regulations do not apply to all businesses, and employers in other sectors can set their own Sunday working policies.
The Working Time Regulations 1998 do not specifically exclude Sundays from the working week but require employers to ensure that employees do not exceed an average of 48 hours per week unless they opt out. Employees are also entitled to adequate rest periods, including at least one full day off in every seven-day period, which may or may not include Sunday.
Employers should clearly outline expectations regarding Sunday work within employment contracts and staff handbooks to avoid confusion. If Sunday working is not specified in the contract, an employer cannot enforce it without mutual agreement.
Employees who are required to work on Sundays may be entitled to enhanced pay if stated in their contract or company policy, but there is no legal requirement to provide additional pay unless agreed upon.
Certain employees, such as shop workers and betting shop employees, have legal protection under the Employment Rights Act 1996, allowing them to opt out of Sunday working with written notice after three months of employment.
Employers must also consider requests for exemptions from Sunday working due to religious or personal reasons under the Equality Act 2010 and assess whether reasonable adjustments can be made without significant business disruption.
In summary, whether Sunday is classed as a working day depends on contractual terms, industry standards, and legal considerations. Employers should ensure clear communication and compliance with employment laws to manage Sunday working arrangements fairly.
Special weekend working rules for shop and betting workers
Under the Employment Rights Act 1996, there are special rules in place relating to Sunday working for retail and betting shop workers, including workers on race tracks. Under these statutory provisions, workers are protected from being required to work Sundays if:
- They were employed as a shop worker on or before 26 August 1994.
- They were employed as a betting shop worker on or before 3 January 1995.
- They are not contractually required to work Sundays.
If an individual falls within any one of these categories, they will be classed as a protected worker under the 1996 Act, affording them automatic protection from having to work on Sundays if they object to doing so. This means that any contractual provision that contradicts the statutory right of a long-standing shop or betting worker not to work Sundays will be unenforceable.
Under the Act, a protected worker can give up this protection, but only by providing their employer with a written ‘opting-in’ notice expressly stating that they wish to work on Sundays, or on a particular Sunday, or that they do not object to Sunday working. Having given an opting-in notice, the individual’s contract of employment shall be treated as varied as is necessary to give effect to the terms of that agreement.
The statutory provisions for Sunday working also provide that any shop and betting worker who is contractually required to work on Sundays, whether or not as a result of previously giving an opting-in notice, may give their employer written notice that they object to Sunday working. This means that any worker required to work Sundays, even if they’re not classed as an automatically protected worker, can provide a signed and dated written notice of objection. This is known as opting-out, where again, any contractual provision that contradicts the statutory right of an opted-out shop or betting worker will be unenforceable.
The Sunday working provisions do not apply to workers who were specifically contracted to work only on Sundays. For all other shop and betting workers required to work Sundays, they can opt out of Sunday working at any time by providing their employer with written notice of at least three months. During this notice period, they must continue to work Sundays if required.
The employer is under a statutory duty to provide every shop and betting worker who is or may be required by their employment contract to work on Sundays with a written statement explaining the right to opt-out. They must provide this within 2 months of the person starting work. If the employer fails to provide a written statement informing new-starters of their statutory right, and the worker decides to opt-out, the notice period to do so will be reduced from 3 months to 1 month. However, if a worker does decide to opt out, the employer is not under any obligation to offer that person extra work on other days instead.
Asking employees to work weekends
There may be occasions, because of the nature of a business and customer demand, that an employer may need their staff to work at weekends, even when this isn’t normally the case.
An employer can ask an employee to work outside of their normal contractual hours, where employees can agree to work the occasional weekend without necessarily agreeing to a permanent change in their employment contract. A protected shop or betting worker may also be able to agree to work the occasional Sunday without signing an opting-in agreement. Still, where an individual is not contractually required to work weekends, or where a shop or betting worker is afforded statutory protection against Sunday working, they can refuse.
If the employer is looking for more permanent cover for weekend-working, agreement should be reached in writing with the employee. By forcing an employee to work weekends where they are not contractually required to do so could amount to a breach of contract. If agreement cannot be reached, it may be possible to terminate an employee’s contract and re-hire them under revised terms (‘fire and rehire’) — provided they’re not a shop or betting worker — although this can expose employers to legal risks and would generally only be used as a last resort and following professional legal advice.
In the recent decision of Dobson v North Cumbria Integrated Care NHS Foundation Trust (UKEAT/0220/19/LA), the Employment Appeal Tribunal held that the decision to dismiss a community nurse after seeking to re-engage her on new terms requiring her to work weekends was potentially discriminatory because of the employee’s childcare commitments. The matter was then remitted back to the tribunal for determination on the relevant issues, including whether the requirement for ‘all community nurses’ to work at least some weekends put women at a particular disadvantage when compared to men.
A potential risk of unlawful discrimination can also arise in the context of forcing employees with particular religious beliefs to work weekends. For example, a Christian worker may object to working on their Sabbath day, a Sunday, asserting that any requirement to work on that day would indirectly discriminate against them on the basis of their religion.
In these or any other circumstances giving rise to potentially discriminatory or contractual issues, it is advisable the employer to find alternative ways to deal with any demand to work weekends. By rewarding employees for working weekends, such as extra pay or time off in lieu, this can encourage greater uptake. If a lack of available staff is an issue in the context of shop or betting workers, employers could try to ensure they have an appropriate number of Sunday-only workers, as these individuals will not have the right to opt-out. In addition, employers could again consider ways in which they can incentivise staff to work Sundays.
Can an employer discipline an employee for refusing to work weekends?
Where a shop or betting worker is afforded protection under the 1996 Act, they cannot be dismissed, disciplined or treated less favourably if the reason for such treatment is their refusal to work on Sundays. This is because these workers have the right not to be subjected to any detriment at work because of any refusal to work on a Sunday, and any dismissal for this reason will be automatically unfair, regardless of their length of service.
For all other employees, whether or not the employer can take any disciplinary action for any refusal to work weekends will depend on the terms of their employment contract. If the contract provides for weekend-working, the employee is contractually obliged to work weekends, where any failure to do so could be treated as a disciplinary matter. In some cases, provided the employer has followed a fair disciplinary process, it may even be lawful to dismiss an employee for failure to follow a reasonable management instruction.
However, if an employee is refusing to work weekends in circumstances where their contract does not require them to work outside of their normal working hours, it would be unfair to discipline or dismiss them because of this. An employee may even feel forced to resign if compelled to work weekends, exposing the employer to a claim for constructive dismissal.
What are the maximum number of hours an employee can work?
Under the Working Time Regulations 1998, an employee cannot work, on average, more than 48 hours a week, unless they do a job not covered by the law on working hours or they agree in writing to opt out of these provisions. This means that where there is any prospect that working weekends may take an individual close to the legal maximum, a written opt-out agreement would first need to be provided by the employee.
In circumstances where an employer is only asking an employee to work an occasional weekend day, they can ask an employee to work more than 48 hours in a week, provided they reduce the employee’s hours in the following weeks to even out their average weekly hours. This is because the average weekly working hours are calculated by dividing the total hours an employee has worked, including overtime, typically over a 17-week period.
However, where opting out of the working time provisions is required, the employee should not be dismissed or treated unfairly if they decide not to agree to this. An employee can also change their mind about opting out, so long as they give the employer the prescribed notice. The length of the notice period will depend on what has been agreed, but should not be more than 3 months. If the agreement says nothing about it, then the notice period is 7 days.
Need assistance?
DavidsonMorris are specialists in UK employment law. Working closely with our HR consultant colleagues, we offer a holistic advisory and support service to employers on all aspects of workforce management and laws, including rights and obligations in relation to weekend working rules. If you have a query about varying working hours or contractual arrangements, contact us.
Weekend working laws FAQs
Can an employer require weekend work?
If weekend working is included in the employment contract. If the contract does not specify weekend work, an employer cannot enforce it without the employee’s agreement.
Are employees entitled to extra pay for working weekends?
There is no legal requirement to pay extra for weekend work unless stated in the contract or as part of company policy. Some employers offer enhanced rates as an incentive.
Can an employee refuse to work weekends?
If weekend work is not a contractual requirement, an employee can refuse. However, if it is part of their contract, refusal without a valid reason could lead to disciplinary action.
Are there legal limits on working weekends?
Under the Working Time Regulations 1998, employees cannot be required to work more than an average of 48 hours per week unless they have opted out. They are also entitled to sufficient rest breaks.
Can an employee request flexible working to avoid weekends?
Employees have the right to request flexible working, which an employer must consider reasonably, especially for family or religious reasons.
Do young workers have different weekend work rules?
Workers aged 16-17 cannot work more than eight hours a day or 40 hours a week, and they must have two consecutive rest days each week.
What should be done if an employee has religious commitments?
Employers should consider reasonable adjustments under the Equality Act 2010 to avoid discrimination claims. However, business needs can still take priority if adjustments are not feasible.
Can employers change weekend work requirements?
Changes to working hours should be discussed and agreed with employees. Imposing changes without agreement could lead to claims for breach of contract or constructive dismissal.
Are there specific industries with different rules for weekend work?
Certain industries, such as healthcare, retail, and hospitality, may have specific regulations or customary weekend work expectations that should be considered.
What happens if an employer breaches working time rules?
Employers who do not comply with working time regulations may face legal claims, fines, or reputational damage. Ensuring compliance with rest periods and working hours is essential.
Glossary
Term | Definition |
---|---|
Working Time Regulations 1998 | UK legislation that governs working hours, rest breaks, and weekly working limits for employees. |
Employment Contract | A legally binding agreement between an employer and employee outlining terms and conditions, including working hours. |
Rest Breaks | Periods during work hours that employees are entitled to, ensuring adequate rest and compliance with working time laws. |
Opt-Out Agreement | A voluntary agreement allowing employees to work more than the 48-hour weekly limit set by the Working Time Regulations. |
Flexible Working Request | A statutory right for employees with 26 weeks’ service to request changes to their work patterns, including avoiding weekend work. |
Equality Act 2010 | Legislation protecting employees from discrimination based on protected characteristics, such as religion or family commitments. |
Enhanced Pay | Additional payment provided for working unsocial hours, such as weekends, though not legally required unless stated in the contract. |
Young Worker Regulations | Rules that apply to employees aged 16-17, restricting working hours and requiring additional rest periods. |
Reasonable Adjustments | Changes made by an employer to accommodate an employee’s needs, such as religious commitments, without causing undue hardship to the business. |
Breach of Contract | A failure to comply with the terms of an employment contract, which may lead to legal claims. |
Constructive Dismissal | When an employee resigns due to significant changes imposed by the employer without agreement, such as enforced weekend work. |
Sector-Specific Regulations | Industry-specific rules that may impose additional requirements for weekend work, such as healthcare and retail. |
Holiday Entitlement | The statutory right of employees to paid annual leave, which may include considerations for weekend workers. |
Grievance Procedure | A formal process that employees can use to raise concerns or complaints about working conditions, including weekend work. |
Tribunal Claim | A legal claim an employee can make if they believe their employment rights, such as refusal of rest breaks, have been breached. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
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- Anne Morrishttps://www.davidsonmorris.com/author/anne/