Changes of contractual working hours and adoption of a ‘Notice of Change’ clause

DWP Working Hours and Working Patterns Procedure 36 advises employees that they should make themselves aware of the impact of moving to a non-standard contract including a ‘Notice of Change’ clause for all new working patterns.

• Notice of change clause – where they have not already done so, employees will adopt a Notice of Change clause as part of their move to a new working pattern

This Notice of Change clause will be the 2016 ‘reasonable notice of change’ clause published in Collective Agreement Appendix 2.

Non-contractual limitation to using the ‘notice of change’ clause

DWP Working Hours and Working Patterns Advice Q12 confirms a non-contractual limitation to using the ‘notice of change’ clause up to, at least, 1st July 2020, for those employees who opted out of the employee deal with the 2014 notice of change clause:  The limitation is that managers must not use this ‘notice of change’ clause to change the employee’s working pattern to any hours outside of the operating hours in the employee’s legacy/original contract

The same non-contractual limitation to using the ‘notice of change’ clause also applies to employees who opted out of Employee Deal, or were not in scope of Employee Deal because they are grade SEO to Grade 6, but have since adopted a ‘reasonable notice of change’ clause in their contract because they have changed their working pattern since 1st July 2016.

2014 Notice of Change clause guidance

PCS Briefing DWP/BB/021/18 provides guidance for members who opted out of the Employee Deal with the 2014 Notice of Change clause.