Night worker health assessments

Before assigning an adult to night work, the employer must offer a free health assessment (regulation 7(1), WTR), unless the worker has previously had an assessment and there is no reason to think it can no longer be relied on. Free repeat assessments must be offered at regular intervals, such as annually. The assessment must be by a qualified health professional, but it can take the form of a questionnaire. If the employer is unsure of the worker’s suitability for night work after reviewing the questionnaire, the worker should be asked to undergo a medical examination.

The worker’s explicit consent is needed to disclose the health assessment to the employer, unless it states simply that the worker is, or is not, suited to night work (regulation 7(5)(b), WTR). If a medical practitioner advises that a worker is suffering from health problems connected to night work, the employer must transfer the worker, if possible, to a suitable day shift. The new job can be for less pay (regulation 7(6), WTR). If there is no suitable alternative work, the worker can be fairly dismissed. Transferring a worker off the nightshift can be a reasonable adjustment under the Equality Act 2010.

Employers must retain records for two years showing compliance with rules on night work hours and health assessments.