Do employees get paid extra when the clocks go back in autumn?
In October, when the clocks go back at 1am, an overnight shift gains an extra hour. What happens to pay depends on how the shift is defined in the contract.
If the contract specifies fixed shift times — for example, “9pm to 5am” — the shift becomes nine hours instead of eight. Hourly paid workers must be paid for every hour worked. That extra hour must be paid. Salaried employees may also be entitled to additional pay if their contract includes overtime provisions, or if the extra hour drops their effective hourly rate below the National Minimum Wage.
If the contract specifies fixed shift durations (“eight hours starting at 9pm”), the employee may leave at 4am instead of 5am. No extra pay is owed. But confirm this in advance. Sending someone home an hour early without prior notice creates its own problems.
What happens to pay when the clocks go forward in spring?
In March, the clock change works the other way. A shift from 9pm to 5am becomes effectively seven hours, not eight.
For hourly paid workers, pay reflects the shorter shift — one hour less for that shift. This is legal, but communicate it clearly beforehand. Employees spotting a lower-than-expected payment without explanation will assume a payroll error rather than a clock change.
For salaried employees, pay is unaffected. Their monthly or annual salary doesn’t change because of a one-hour difference in a single shift.
The National Minimum Wage risk most employers miss
This is where employers most commonly come unstuck.
If a shift worker is on or close to the National Minimum Wage, adding an extra hour’s work in October without reviewing total pay for that period could push their effective hourly rate below the legal minimum. Under the National Minimum Wage Act 1998, that’s a breach, regardless of whether the extra hour was expected or planned for.
ACAS guidance on working hours and pay is clear: employers must pay at least the National Minimum Wage for all hours worked, with no exceptions for clock changes. Check what your overnight workers earn per hour, factor in the extra October hour and top up where necessary.
Most clock change disputes come from one place: a contract that doesn’t specify whether shifts are fixed by time or by duration.
What your employment contracts should say
If your contracts don’t specify whether shifts are defined by time or by duration, you’re creating ambiguity. When the clocks change, that ambiguity becomes a dispute.
A well-drafted contract for shift workers should cover: whether shifts are fixed by start and end times or by total duration; how clock changes are handled in terms of pay; and whether the extra hour in October is paid or forms part of the standard shift pattern. If your current contracts don’t address this, a review is overdue. Limelite can help you review and update your employment contracts to remove ambiguity and protect your business.
A quick employer checklist before the clocks change
- Check your shift workers’ contracts. Do they specify fixed times or fixed duration?
- Review NMW compliance for any employee on or near minimum wage working overnight on clock change weekend.
- Communicate the change to affected employees in advance, not the day before.
- Confirm with your payroll team how the extra or shorter shift will be processed.
- If contracts need updating, do it properly with a written variation, not a verbal agreement.
How Limelite can help
If you’re not confident your employment contracts are clear enough to handle payroll questions like this, our HR consultancy team can help. We work with organisations across Worcestershire, Birmingham and the wider UK to review and update contracts, build shift worker policies and make sure your payroll approach stays legally compliant.
We also offer retained HR support for organisations that want practical HR expertise on call whenever they need it, without the cost of hiring in-house. Book a free 30-minute discovery call at limelitehr.com to talk it through.
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About the author
Helen Scullion Assoc. CIPD, HR Client Manager at Limelite HR & Learning. Helen supports organisations with day-to-day HR management, employee relations and practical people support. Connect with Helen on LinkedIn.
