Settled Hours Request

To guide employers and employees on: 

• The right to request a change to written terms of employment.
• The right to appeal if such a request is refused.

An employee can request a change if:

• Their contract includes flexible hours or location.
• Their actual work pattern has been settled for at least 6 months.

Note: Only one request can be made in any 12-month period.

• Must be in writing.
• Must specify which terms should be amended and how.
• Must reference Article 3A under the Employment (Jersey) Law 2003

• Must respond within 4 weeks.
• Can refuse the request if:
  1. The amendment doesn’t reflect the actual work pattern. 
  2. It would seriously harm business performance.
  3. The work pattern is expected to change within 4 weeks.
  4. The contract is due to end within 4 weeks.

If refused, the employer must:

• Provide a written explanation citing one of the above reasons.

If accepted, the employer must:

• Provide a revised statement of terms within 4 weeks, including the effective date.

If refused, the employee may:

• Request a review within 2 weeks of being notified.

The employer must then:

• Either grant the request and issue new terms within 4 weeks, or 
• Hold a meeting with the employee (and their representative, if any).
• Notify the employee of the decision within 2 weeks of the meeting.
• If agreed, issue new terms within 4 weeks.

Note: Timeframes may be adjusted if the decision-maker is absent.

An employee may refer the matter to the Tribunal if:

• They don’t receive a revised statement after a valid request.
• They may be awarded up to 8 weeks’ pay. 

If employment has ended, the referral must be made within 7 weeks and 6 days, unless an extension is granted for valid reasons.