Annualised hours are the total number of hours an employee works in one year. It refers to a type of employment contract where the employee commits to working their annualised hours over the course of the year, some on a ‘core’ or ‘rostered’ basis and the rest on an ‘unrostered’ basis or short notice to meet the demands of the organisation.
Use of annualised hours contracts has increased in recent years amongst organisations that have to manage significant peaks and troughs in demand. Using annualised hours means that you can keep a core workforce employed on a regular basis and call upon your employees to work extra hours when you need them. If implemented correctly, moving to an annualised hours structure can save significantly on paying and managing overtime.
What is an annualised hours contract?
An annualised hours contract is a contract of employment that has to make particular provision for hours and pay. As such, along with standard employment provisions, it will also contain a number of provisions that you would not expect to see in an employment contract for an employee working a standard ‘9 to 5’.
Most importantly, an annualised hours contract will state the total number of hours that an employee has to work for the employer in the course of a year. This is usually calculated by taking the normal working week of the employer and multiplying it by 52, then deducting the employee’s annual leave entitlement and the statutory bank holidays.
For example, if the working day is 7.5 hours’ long, for five days a week, then the working week is 37.5 hours and the total for one year would be 1,950 (37.5 x 52 weeks).
You would then deduct annual leave of 150 hours (20 days x 7.5 hours) and statutory bank holidays of 60 hours (8 days x 7.5 hours), which leaves you with a total number of hours for the year of 1,740.
You must also specify what percentage of the annualised hours will be core or rostered hours, and what will be unrostered or reserve.
This will vary from business to business. It may also vary within your organisation, as certain sections of the workforce might need greater flexibility than others. For example, in manufacturing, the back-office functions will work more regular hours than those on the production line.
Employers should note that employees on an annualised hours contract must receive their full pay, whether or not there was work available for them to work the unrostered element of their contractual hours.
Is an annualised hours scheme right for your business?
An annualised hours scheme is not to be entered into lightly. You should undertake significant research and careful planning in order to identify whether annualised hours would be beneficial for your business, and if so how to implement them.
Possible benefits include:
- Stabilisation of wage costs and a reduction in overtime costs. This is one of the main attractions. If your business has to operate 24/7 and/or has peaks and troughs in demand or activity then you could save money by moving to an annualised hours scheme in order to reduce the overtime costs you would usually have at peak times.
- Retention of employees in industries with significant variations in demand. For example in the tourism, agriculture, manufacturing, hospitals and education sectors employers have the benefit of retaining the employees on an annualised hours contract, guaranteeing quality and expertise from season to season.
- Increasing flexibility for the employer without resorting to zero-hours contracts. This can be beneficial from a corporate social responsibility point of view.
- Being ‘family-friendly’. Parents and carers can choose to work more hours during term-time and less during school holidays, and still cover their hours for the year.
Overall, these benefits amount to employers being able to maximise productivity and efficiency. Managers can use increasingly sophisticated software to help them plan their employees’ working time, maximising their output and the capacity of the organisation as a whole.
However, there are disadvantages to using an annualised hours scheme. These include:
- The employer can end up paying too much or too little to their employees. An employer will pay too much if they underestimate the amount of hours for which they require their employees to work per year and need to top this up with expensive overtime. However, if they overestimate the number of hours for which they require their employees, then they will be stuck with an unmanageable wage bill
- Removal of overtime payments can be unpopular with existing staff. However, this could be mitigated by the increase in pensionable pay for employees, and even by a one-off compensation payment.
- It may be difficult to find staff for unpopular shifts, such as weekends and bank holidays, to the extent that where hours are truly flexible then employees may try to avoid working them.
- Employees may become disengaged or harder to contact if they are away for long periods
How to calculate annualised hours holiday entitlement & pay
Pro-Rated Holiday Entitlement for Part-Year Workers
Holiday entitlement can now be calculated proportionally to the time worked, resolving the disparity caused by the Brazel v Harpur Trust decision. Under the updated rules, employers must determine holiday entitlement based on the number of weeks the worker has actually worked during the relevant reference period. This ensures a fairer calculation of leave entitlement for part-year and irregular-hours workers.
Holiday Pay Calculation
The method for calculating holiday pay remains based on an average of the worker’s previous 52 weeks of paid work. If there are any weeks during this period where no pay was received, these weeks must be excluded from the calculation. The average should instead be calculated using the most recent weeks in which the worker earned pay, ensuring an accurate reflection of their earnings for holiday pay purposes.
An employee’s entitlement to holiday remains the same as on a weekly employment contract, but it will be stated in terms of hours as opposed to days. It is still possible to run the conventional system whereby employees apply to their line managers with a holiday request.
For employees who work shifts, holidays can be included in the shift pattern some time in advance, allowing the employee time to plan ahead. Employers could also consider whether they could allow employees to swap shifts and how to make that possible.
Rolled Up Holiday Pay
Some employers with employees on permanent contracts who are employed throughout the year but only work for part of the year have been used to paying their employees so-called ‘rolled up holiday pay’. This is where an employee is paid for the holiday they would have had, because there are long periods where the employee is not at work in any case. This scenario is common in education, where the employee may work only on a term-time basis, or in other jobs where there is a peak of activity for some weeks or months, then no work for a number of weeks.
Employers are permitted to lawfully use rolled-up holiday pay for workers with irregular hours or part-year contracts. Rolled-up holiday pay must be clearly detailed on payslips, paid at a rate of 12.07% of gross pay, and calculated on a weekly basis.
Pay
You can decide whether to pay your employee in twelve equal monthly instalments or only to pay them for the hours they have actually worked. In the second scenario, the employee may end up receiving a large payment one month and very little the following month. This can create uncertainty and is not helpful for budgeting. However, in the first scenario, where the monthly instalments are the same, you must be careful that in a ‘peak’ month you are not in breach of National Minimum Wage legislation.
Annualised hours policy
It is essential to have an annualised hours policy to set out the way in which employers and employees will manage the annualised hours scheme.
The first consideration is how you would call in members of staff for their non-core hours. You should set out how this will be done, by whom and crucially, what notice must be given. You should also decide what is reasonable if you are attempting to call in a member of staff if they are on a rest day, or it’s very short notice.
You must also consider the circumstances in which your employees can refuse a call-in, if indeed that is allowed. You must also state how many refusals may trigger further action by management or disciplinary action. The policy should clearly set out the consequences of persistent refusals.
You will also have to decide how to treat staff members who are on call or on standby to step in in an emergency.
One view is that these hours should be deducted from the employee’s non-core hours, regardless of whether the employee is in fact called in and actually ‘works’.
If non-core hours are left un-worked at the end of the year, you will have to decide what happens to them.
They could simply be waived, but this could cause resentment among staff if it is apparent to them who has worked their full number of hours and who has not. They could also be reduced or you could take the opportunity to adjust the work schedule.
Other matters to address include:
- Deciding if shift swapping is permitted and how this will work in practice.
- Stating the procedure for calling in sick.
- Deciding the procedure for changing the proportions of core to non-core hours, if this needs adjusting. For example, how much notice will be given and will employees be consulted.
- Taking proactive steps to prevent discrimination, in particular that based on gender. The use of annualised hours could lead to one group of workers receiving less pay or worse conditions than another, without it being immediately obvious that this is happening. This should be considered when your organisation is designing the scheme in the first place.
Need assistance?
DavidsonMorris’ employment lawyers can help with all aspects of employment contracts, terms and conditions. For advice on using annualised hours contracts, or if you have a specific issue relating to annualised hours, speak to our experts today for advice.
Annualised hours FAQs
What are annualised hours?
Annualised hours is a working arrangement where an employee’s total contracted hours are spread across the year, rather than on a fixed weekly or monthly schedule.
How do annualised hours work in practice?
Employees work a set number of hours per year, with flexibility on when those hours are worked, often based on demand. This can include periods of higher or lower work activity.
What types of businesses benefit from annualised hours?
Businesses with fluctuating workloads, such as retail, manufacturing, education, or agriculture, often use annualised hours to align staffing levels with seasonal demand.
What are the benefits of annualised hours for employers?
Annualised hours provide greater flexibility in workforce planning, helping to manage labour costs efficiently during busy and quiet periods.
How do annualised hours benefit employees?
Employees benefit from more predictable annual income and flexible working patterns that can accommodate personal commitments or seasonal changes.
How is overtime managed in an annualised hours contract?
Overtime typically applies only when an employee exceeds their total contracted annual hours, as defined in their agreement.
Do annualised hours comply with working time regulations?
Yes, but employers must ensure compliance with statutory requirements, such as rest breaks, working no more than 48 hours a week on average (unless opted out), and minimum annual leave entitlements.
How is annual leave calculated for annualised hours workers?
Annual leave is accrued in line with the contracted hours over the year and must be managed to ensure employees receive their full statutory entitlement.
What challenges can arise with annualised hours?
Challenges include managing schedules effectively, ensuring accurate tracking of hours worked, and avoiding employee burnout during peak periods.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
