The Employment Act 2018 creates a new right for employees whose employment contract does not accurately reflect the reality of the hours they work on a consistent basis. After a reference period of 12 months, employees will be able to request in writing to be placed in a band of hours that better reflect their average weekly hours worked. In response, employers are obliged to place the employee in the appropriate band and should do so within four weeks of receiving the employee’s request.
The appropriate band is determined by the employer on the basis of the average number of hours worked by the employee per week during the reference period.
The appropriate bands are laid down in law as set out in the below table.
|Band A:||3 to 6 hours|
|Band B:||6 to 11 hours|
|Band C:||11 to 16 hours|
|Band D:||16 to 21 hours|
|Band E:||21 to 26 hours|
|Band F:||26 to 31 hours|
|Band G:||31 to 36 hours|
|Band H:||over 36 hours|
An employer may refuse to place an employee in a band in one of the following circumstances:
In determining the 12 month reference period, a continuous period of employment immediately before the legislation is to be enacted on 4th March 2019 will be reckonable towards the 12 month reference period.