Each business has different types of working environments.

Some businesses will have to, by their very nature, operate in a more structured fashion in terms of shift work and rotas (for example, factory lines). Other businesses may offer flexible working patterns for staff, with working time being more malleable. Furthermore, many individuals now wish to work patterns other than the typical Monday – Friday, 9 am – 5 pm. Part-time workers, or other atypical working patterns, can prove to be a minefield for businesses concerning working time.

We are experienced in advising businesses that operate various working patterns and can advise your business accordingly. Additionally, we have significant experience with businesses operating in the care and education sector which can frequently pose working time challenges.

The issues that may arise vary depending on the business type, but the advice we routinely provide includes:

  • drafting contracts that reflect the working practices agreed
  • assessing what a particular individual’s weekly working time is, such as if they are on call for periods of time or work overtime
  • ensuring relevant signed opt-outs are in place for staff routinely working over 48 hours per week
  • ensuring workers who may work elsewhere are not exceeding their working time maximum across all employers or engagers
  • ensuring businesses are aware of the breaks they need to provide staff with
  • ensuring that staff working overtime or on-call are always paid in line with national minimum/living wage
  • advising on holidays
  • advising on flexible working requests.

Businesses operating more flexible working practices may also have concerns regarding the work that staff are providing and how this can be monitored or assessed. We can support you with this, and in considering how to deal with issues if they arise.

Holiday

Holiday or annual leave can pose its own set of challenges. We can advise your business on what holiday staff are entitled to and how that is affected by flexible working patterns and atypical working patterns (for example part-time workers, term time workers and zero hours workers).

What to pay someone during their holiday is a significant issue in its own right, following various judicial and legislative changes over the past few years. We are experienced advisors in what amounts to “a week’s pay” and can discuss your staffs’ working patterns (for example, overtime practices) and pay (for example, commission payments) with you to ensure you are paying staff correctly.


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