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Can a Skilled Worker’s Hours Vary Week to Week?

Can a Skilled Worker vary their working hours week to week, or must they work the same number of hours every week?

Written by James Balino
Updated over 3 weeks ago

Yes - a Skilled Worker’s hours can vary from week to week. They do not need to work the exact same number of hours every week.

However, there are important compliance rules to follow.

📅 1. Can Working Hours Fluctuate?

Working hours can increase or decrease from one week to another if:

  • The employment contract allows flexibility.

  • The worker continues in their sponsored role.

  • The overall working pattern remains compliant with visa conditions.

Temporary fluctuations are generally permitted.

💷 2. Salary Requirements Still Apply

Even if hours vary, the worker must still:

  • Meet the minimum Skilled Worker salary threshold.

  • Meet the “going rate” for their SOC code.

  • Be paid correctly for all hours worked.

If reduced hours cause salary to fall below the required level, this may require action or reporting.

⚖️ 3. Working More Than 48 Hours Per Week

If the worker exceeds an average of 48 hours per week, they must sign a valid opt-out agreement under the UK Working Time Regulations.

More information: gov.uk/maximum-weekly-working-hours

🔔 4. When Does a Change Need to Be Reported?

You must report to a change of circumstance if:

  • There is a permanent reduction in salary.

  • The worker’s core working hours are permanently reduced.

  • The job role or responsibilities change significantly.

Temporary variations that do not affect salary thresholds usually do not require reporting. See this support article for guidance on reporting a change of circumstance through Borderless portal.

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