When is it Ok for My Employer to Change my Hours?
- Anne-Marie Dolan
- Jul 13
- 7 min read
Many employees are surprised when they are told their hours are changing. You might be asked to start earlier, finish later, work weekends instead of weekdays, reduce your hours, or increase them without much notice. Whether your employer can legally do this depends on your employment agreement, the reason for the change, and whether they follow a fair process.
In New Zealand, employers generally cannot unilaterally change your hours of work unless your employment agreement specifically allows it or you agree to the change. If your employer changes your hours without following the correct process, you may have grounds to raise a personal grievance for unjustified disadvantage.
The Employment Relations Act 2000, requires employers and employees to deal with each other in good faith. This means they must be honest, communicative and genuinely consider each other's interests. Section 4 of the Employment Relations Act requires employers to:
act in good faith,
be open and communicative,
provide relevant information before making decisions that affect employees, and
genuinely consider employee feedback before making decisions.
Your hours of work are usually considered a fundamental term of your employment agreement. Because of this, they generally cannot be changed without agreement unless your employment agreement specifically allows for changes.
The Employment Relations Act 2000 also requires most employment agreements to state the number of guaranteed hours (or how these are calculated), the days of the week the employee will work (if known), the start and finish times (if known), or how these will be determined.
Before deciding whether your employer can change your hours, look carefully at your employment agreement. Different agreements provide different levels of flexibility.
Full-time employment agreements
Most full-time agreements clearly state your weekly hours, your ordinary days of work, and your start and finish times. For example, Monday to Friday, 8:30am to 5:00pm, 40 hours per week. If your agreement says this, your employer usually cannot simply change you to different, reduced or increased days or hours without your agreement or a proper consultation process.
Part-time agreements
Part-time employees have exactly the same legal protections. If your agreement guarantees a certain number of hours per week, your employer generally cannot suddenly reduce your hours or change your conditions to casual hours simply because business has slowed down. Likewise, they usually cannot require you to permanently work significantly more hours than agreed.
Casual employment agreements
Casual employment is different. A genuine casual employee has no guaranteed hours and can usually choose whether to accept work when it is offered. Likewise, the employer is generally not required to offer shifts. However, many employees labelled casual are actually working regular hours. If you consistently work the same shifts every week, you may no longer be a genuine casual employee. Your legal rights may be different, regardless of what your agreement calls you.
Flexible hours clauses
Many agreements contain flexibility clauses. For example, ‘The employer may reasonably vary the employee's hours to meet business needs.’ These clauses do not give employers unlimited power. The employer must still act reasonably, act in good faith, exercise the clause fairly, and avoid unreasonable or arbitrary decisions. A flexibility clause is not permission to change hours whenever it suits management.
Can my employer reduce my hours?
Reducing an employee's hours often means reducing their pay. Unless your agreement allows for this or you agree, your employer usually cannot simply cut your hours because business is quieter, sales have dropped, there isn't enough work, or they want to save money. These situations usually require consultation. Sometimes reducing hours forms part of a restructuring process. If so, the employer should follow a fair restructuring process before making changes.
Can my employer increase my hours?
Increasing hours can also be problematic. For example, requiring someone employed for guaranteed part time hours to suddenly be required to work full time every week may breach the employment agreement. This is especially important where employees have childcare commitments, study, second jobs, or health conditions. Employers should discuss proposed changes before introducing them.
Can my employer change my roster?
Many industries operate on rotating rosters. If your agreement says your roster may change, your employer usually has some flexibility. However, they should still provide reasonable notice, follow any roster policy, act consistently, and avoid unfair treatment. Changing someone's roster as punishment or because they made a complaint could create legal issues.
Can my employer change my start and finish times?
Minor operational adjustments may be reasonable. For example, changing your start time from 8:30am to 9:00am may be reasonable depending on your agreement. However, changing 8:30am to 5:00am, or moving someone permanently from day shift to night shift is much more significant. Changes like these often require agreement.
What if the business is restructuring?
Sometimes businesses genuinely need to change staffing arrangements. For example, reduced customer demand, new technology, organisational changes, or financial pressure. Where changing hours forms part of a restructuring, employers must follow a fair consultation process. This usually involves explaining the proposal, providing supporting information, inviting employee feedback, genuinely considering feedback, and making a final decision only after consultation. Predetermining the outcome before consultation may breach the duty of good faith.
What about workplace policies?
Many employers have policies dealing with rostering, flexible working, overtime, shift allocation, or availability. Policies cannot usually override your employment agreement. However, they may explain how shifts are allocated, notice periods, swapping shifts, or overtime expectations. If your employer ignores their own policies without good reason, this may support an argument that the process was unfair.
Can my employer change my hours as punishment?
If an employer reduces your hours because you raised a health and safety issue, complained about bullying, raised a personal grievance, questioned your pay, or joined a union, this could amount to unlawful retaliation or unjustified disadvantage. Employees are protected from adverse treatment for exercising their legal rights.
Warning signs your employer may be getting it wrong
Some common red flags include:
changing your hours without consulting you,
refusing to discuss the reasons,
reducing your hours immediately,
changing your roster after you make a complaint,
ignoring your employment agreement,
treating you differently from other employees, or
refusing to explain why the changes are being made.
One red flag alone does not necessarily mean your employer has acted unlawfully, but several together may indicate the process was not fair.
What should I do if my employer changes my hours?
Stay calm and avoid refusing to work without getting advice first. Instead:
Read your employment agreement. | Check exactly what it says about hours, shifts, flexibility, overtime, and availability. |
Ask for the reason. | Politely ask:
Having the explanation in writing can be helpful. |
Keep records. | Save emails, text messages, rosters, meeting notes, and pay records. Good records often become important if the matter later becomes a dispute. |
Raise your concerns. | If you believe the change breaches your employment agreement, explain this respectfully and ask your employer to reconsider. Sometimes issues can be resolved through discussion. |
If your employer insists on changing your hours despite your concerns, it is often worth obtaining advice before the situation escalates. An employment advocate can explain your rights, assess your employment agreement and help you decide on the best next steps. If the change has already happened, there may be time limits for taking legal action, so getting advice early is important.
FAQs
Can my employer reduce my hours without asking me?
Usually not. If your hours are guaranteed in your employment agreement, your employer will generally need your agreement or a lawful contractual basis, and they must act in good faith.
Can my employer make me work weekends?
Only if your employment agreement allows it or you agree. If weekends are outside your agreed hours, your employer generally cannot require the change without following the proper process.
Can my employer change my roster every week?
If you are employed on a rostered basis and your agreement allows roster changes, they may have flexibility. However, changes should still be reasonable, consistent and made in good faith.
What if I'm a casual employee?
A genuine casual employee usually has no guaranteed hours. However, if you have worked regular, ongoing shifts for a long period, you may have greater employment rights than the label "casual" suggests.
Can my employer cut my hours because business is slow?
Not automatically. If reducing your hours changes your employment agreement, your employer will usually need to consult with you and follow a fair process. In some situations, a formal restructuring process may be required.
Can my employer change my hours because I made a complaint?
Generally no. Changing your hours because you exercised a workplace right or raised a legitimate concern may amount to retaliation or an unjustified disadvantage.
What if I refuse to work the new hours?
Be cautious. Refusing work without first understanding your legal position can create additional issues. Read your employment agreement, raise your concerns with your employer, and seek advice before taking action.
When should I get legal help?
If your employer changes your hours without consulting you, ignores your employment agreement, significantly reduces your income, or appears to be retaliating against you, it is sensible to seek advice from an employment advocate as early as possible.
Employers can sometimes change working hours, but they cannot simply do whatever they like. In most cases, your hours are part of your employment agreement. That means your employer should either have your agreement or a lawful contractual basis for making the change. They also need to act in good faith and follow a fair process.
If your hours have been changed without consultation, without your agreement, or for reasons that appear unfair or retaliatory, you may have legal options. Get in touch today for a free consultation. MathewsWalker.co.nz | Employment Problems Solved | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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