With the clocks going back last weekend, marking the beginning of winter, the TUC is calling for better pay and conditions for night-workers – including the 1.8 million key workers who regularly work nights.

New analysis published by the union body reveals that one in three (35%) night-workers earn less than £10 an hour. This is despite the heightened health risks that come with night work and the disruption it causes to workers’ lives. The analysis also shows that key workers (1.8 million) account for more than half of the UK’s 3.4 million night-workers. Key workers are twice as likely to work overnight than other workers.

Low-paid and insecure

The TUC says that many key workers who keep vital services going overnight are undervalued and often employed on low pay and insecure contracts. Care workers are more likely to work night shifts than other profession, but many earn less than £10 an hour and are on zero-hours contracts.

The union body says the government must use its long-awaited employment bill to “level up” conditions for workers in this sector starting with banning zero-hours contracts.

Health impact of night work

As well as being bad for family life, the health risks of regular night work include cardiovascular disease, diabetes and depression. The TUC is calling for a number of measures to protect and compensate night workers. These include:

• Pay to properly reflect the likely additional costs of childcare and inconvenience that night shifts can entail.

• New legislation to ensure that workers always have sufficient notice of their shift patterns so they can make arrangements well in advance.

• Compensation for shift changes at short notice.

TUC General Secretary Frances O’Grady said:

“Working through the night is tough – especially in the middle of a global pandemic. We all owe Britain’s night workers a huge debt for keeping the country running while we are asleep. It is not right that so many of those who work overnight – especially in key sectors like care – are on low pay and insecure contracts. The government must ensure that all night workers are treated with dignity at work. That means levelling up working conditions and pay and ensuring people are given proper notice of their shifts. And it means honouring the promise to increase the minimum wage that would benefit over two million key workers.”

Current night-working rules

Staff who regularly work at least three hours during the ‘night period’ are night workers.

The night period is 11pm to 6am, unless the worker and employer agree a different night period. If they do, it must be seven hours long and include midnight to 5am. It must be agreed in writing.

Staff may also be night workers if there’s a collective agreement (for example, trade union agreement) that states their work is night work. The National Minimum Wage applies to night workers but there is not a higher night working rate.

Sleep-in shifts

The number of hours a worker gets paid the National Minimum Wage for a ‘sleep-in’ shift depends on whether they’re expected to sleep or work for most of it.

Workers who are expected to work for most of a sleep-in shift (for example, a care worker) will usually get the National Minimum Wage for the whole shift. They will get it for the whole shift even if they’re allowed to sleep between tasks.

Workers who are expected to sleep for most of a sleep-in shift will get the National Minimum Wage only when they are woken up to perform tasks. They must be given somewhere suitable to sleep.

Limits on working hours for night workers

Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. Night workers must not work more than an average of eight hours in a 24-hour period. The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree - for example, by collective agreement. Regular overtime is included in the average, but not occasional overtime. Workers cannot opt out of the limit.

Workers aged 16 or 17

Staff aged 16 or 17 cannot work between midnight and 4am. They usually cannot work between 10pm and 6am (this can be changed to not working between 11pm and 7am, by contract) but there are exceptions if they work in:

• Agriculture;
• Cultural, sporting, artistic or advertising activities;
• A hospital;
• A hotel or catering;
• Retail; and/or
• Post or newspaper delivery.

In exceptional circumstances they can work at night if there’s no adult to do the work and they’re needed to either:

• Handle a sudden increase in demand; and/or
• Maintain the continuity of a service or production – for example, filming.

The employer must give the young person a rest period of the same length as the extended shift. There are other restrictions on employing young people.

Special hazards and mental or physical strain

Night workers who deal with special hazards or whose work involves mental or physical strain cannot work longer than eight hours in any 24-hour period. A risk assessment must be carried out to identify special hazards and work involving mental or physical strain. The hazards and strains may also be set out in collective or workforce agreements.

What employers must do

Employers must keep records of night workers’ working hours to show they are not exceeding the limits. The records must be kept for at least two years.