Transfer from night work

The main WTR regulations make provision for the transfer of night workers from night-work (WTR 7) where:

• a registered medical practitioner has advised that a worker is suffering from health problems which they consider to be connected with the fact that the worker performs night work; and

• it is possible for the worker to be transferred to non-night work “to which the worker is suited” and “during periods such that the worker will cease to be a night worker”.

Public services union UNISON warns that the regulations are silent if the employer claims there is no day work to transfer the worker to. There is no absolute protection other than for pregnant women and disabled people. Employers may be able to dismiss a worker fairly in these circumstances but negotiations may be able to improve the basic provisions. Sector-specific regulations also provide the right to be transferred, including the fishing regulations (FVR regulation 8) and in civil aviation (CAR regulation 5).