Sunday working and night working

If you employ people to work for you at night, you need to know about the additional regulations covering the hours they are allowed to work, the minimum age of workers and health and safety issues.

Anyone running a shop or betting business that is open on a Sunday needs to be familiar with the special regulations about employing staff, particularly their right to refuse to work on a Sunday.

Complying with the regulations will make for a happier and healthier workforce as well as helping ensure you operate within the law.

This guide also outlines some practical steps you can take to keep your night and Sunday staff motivated and productive.

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The rules about working on Sunday

The rules about Sunday working depend on the wording of each worker’s contract, but special rules apply to shop and betting workers.

Shop and betting workers in Great Britain and Northern Ireland have the right to refuse to work on Sundays, and are protected against dismissal, selection for redundancy or other detrimental treatment, eg refusal of promotion or training. The rules covering Sunday working apply only to employees and not other workers.

Some shop and betting workers are automatically protected from having to work on Sundays. In England and Wales these are:

• shop workers who’ve been shop workers with the same employer since 25 August 1994 or earlier
• betting workers who’ve been betting workers with the same employer since 2 January 1995 or earlier
• shop and betting workers who cannot be required to work on Sundays under their contract

Different criteria for automatic protection from working on Sundays are in force in Northern Ireland and Scotland.

Employees who are automatically protected can give up this right only by giving a written, signed and dated opting-in notice to their employer and then agreeing expressly what Sunday work they are willing to do.

All other shop and betting workers can opt out of Sunday working if they want, giving three months’ written notice without reason (“opting-out notice”).

If you have any shop or betting workers who are, or may be, required to work on Sundays (but not only on Sundays) you must give them a written statement explaining their opt-out right. If you fail to do this within two months of the start of their employment as a shop or betting worker, they only need to give one month’s notice for opting-out.

Shop and betting employees who opt in to Sunday working have the right to change their minds and opt out.

The Sunday working rules apply irrespective of service length, but they don’t apply to anyone employed to work on Sundays only – see our guide on seasonal and Sunday trading.

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The rules about working at night

If any of your workers do night work – even casual, freelance and agency workers – there are special regulations you must comply with.

The regulations define night time as the period between 23.00 and 06.00, though this can be slightly varied by agreement between you and your workers. A night worker is someone who regularly works for at least three hours during this period.

In general, night workers:

• should not work more than an average of eight hours in a 24-hour period, averaged over a reference period of 17 weeks 
• can’t opt out from this limit, although in certain situations you can average night work over a longer reference period than 17 weeks
• must be offered a free health assessment before they start working nights and on a regular basis after that (a follow-up examination by a health professional should be provided where necessary)

When devising your health questionnaire, make sure you ask a qualified health professional for advice. Download our sample health questionnaire [opens in a new window].

For workers dealing with special hazards or under mental and physical strain – there can be no averaging at all – the eight-hour daily limit is absolute. 

In general workers under 18 are not permitted to work at night. However, there are quite a few exceptions. For more information, see our guide on employing young people.

It is your responsibility to comply with the night work rules. You should keep records to ensure workers don’t exceed their night working limit.

You should also retain records of your night workers’ health assessments for two years or, if they didn’t accept the offer of a free health assessment, record when the offer was made.

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Shift working involving Sunday/night work

If your staff work Sunday or evening hours, you’ll need an appropriate shift pattern for them.

For more information on remuneration for shift workers, see the page in this guide on terms and conditions for Sunday and night workers.

There are a variety of ways of paying shift workers, including:

• flat-rate allowances per hour, shift or week, in addition to basic day rates
• fixed percentage additions to the day-work rates
• basic rates of wages with shiftworkers getting a higher rate than day workers
• paying a standard annual amount to all employees working that particular shift
• extra allowances for hours worked outside the normal daily hours

Although it is not required by law, taking workers’ preferences into account when arranging shift patterns can help with staff recruitment and retention and increase business productivity.

Consider the type of shift system to be used, including the hours it covers, and the average weekly hours to be worked by each person.

Also consider whether the shift will be a fixed or rotating system. If shifts rotate, decide whether the direction should be ‘backwards’ (nights, afternoons, mornings) or ‘forwards’ (mornings, afternoons, nights).

Once this is established, decide the frequency of shift changes, the length of shifts and the number of crews required. You can then plan rest periods and work out the type of shift. Some common shift patterns are:

• double day shift – two crews to cover any daily period between 16 and 24 hours
• day and night shift – two crews alternate day and night shifts, weekly or fortnightly
• three shift discontinuous – three shift crews provide 24-hour cover for five days
• seven-day continuous shift – one week of mornings, afternoons or nights
• permanent night shift – workers spend their whole working time on nights
• four crew continuous shift – four crews switch between morning, afternoon and night shifts over a four-week cycle
• 12-hour continuous shift – three, four, or five crews do 12-hour shifts and get more rest days in return

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Terms and conditions for Sunday and night workers

You need to comply with the rules for working hours – which means giving at least 11 hours of rest per day, at least one day off per week, and a rest break if the working day is longer than six hours.

Young workers are entitled to longer and more frequent breaks. See our guides on hours, rest breaks and the working week and employing young people.

Assess the health and safety implications of night working – for instance, your fire-evacuation procedure may need to be changed at night. Also, you may need to tighten your security arrangements.

If you employ people outside normal working hours it is a good idea to reward them for working antisocial hours. You’re not required by law to do this, but it can help with staff recruitment and retention and can improve business productivity. Common ways to reward night and Sunday workers include paying them time-and-a-half or double time, or giving them extra leave.

Other matters of good practice when dealing with night and Sunday working include:

• giving employees at least one weekend off in three
• providing hygienic food and refreshment facilities as local facilities could be shut
• giving reasonable notice periods when changing employees’ shift patterns and being careful not to breach their contracts
• showing an interest in shift workers by visiting them while they work
• considering whether the number of night workers requires specific supervision or management to help maintain discipline and productivity
• considering supplying transport to the local station, eg a minibus
• providing equal opportunities for training, promotion and involvement in staff consultations

Take your employees’ preferences into account as far as possible when organising shift work. Workers will be happier if they can have some say in how their schedule is arranged.

For information on non-standard work patterns, see our guide on flexible working – the law and best practice.