Abinaja is the legal operations lead at Sprintlaw. After completing a law degree and gaining experiencing in the technology industry, she has developed an interest in working in the intersection of law and tech.
When business is busy, rostering feels easy. But when sales dip, costs rise, or demand shifts, one of the first questions many New Zealand employers ask is: can we reduce staff hours?
It’s a completely normal pressure point for small businesses - especially if you’re trying to avoid redundancies and keep a great team together.
This guide is updated for 2026 to reflect current expectations around fair process, good faith, and workplace compliance in NZ. We’ll walk through practical options (and the legal traps to avoid) so you can reduce staff hours in a way that’s lawful, respectful, and sustainable.
Can You Legally Reduce An Employee’s Hours In New Zealand?
Sometimes you can - but you usually can’t unilaterally change an employee’s hours just because the business needs it.
In most cases, an employee’s hours are a key term of their employment. That means if you reduce their hours without agreement (or a valid contractual right), you may be:
- breaching the employment agreement (and potentially triggering an arrears claim),
- acting unjustifiably (which can lead to a personal grievance), and/or
- creating a constructive dismissal risk if the reduction is significant or handled poorly.
To do this properly, start by checking what the employee is actually employed to do and on what terms. This usually means reviewing the Employment Contract (and any later variations in writing, or consistent rostering patterns that have effectively become the norm).
Why “We Need To Cut Costs” Isn’t Enough On Its Own
Financial pressure can absolutely be a genuine business reason - but it doesn’t automatically allow you to change contractual terms.
In NZ, employment changes generally need to be done in a way that’s:
- procedurally fair,
- reasonable in the circumstances, and
- in good faith (meaning you consult, share relevant information, and genuinely consider feedback).
If you’re not sure whether your situation is “hours reduction” versus “redundancy” (or a mix of both), it’s worth getting advice early. Choosing the wrong process can create bigger risks than the cost savings you’re trying to achieve.
Check The Employment Agreement First: What Do The Hours Clauses Actually Say?
Before you speak to your staff, get clear on what the paperwork says - and what it doesn’t say.
Hours of work are typically set out in an employment agreement as one of the following:
- Guaranteed hours (e.g. “40 hours per week”, “minimum 30 hours per week”),
- Specified days/times (e.g. “Monday to Friday, 9am–5pm”),
- Rostered hours (e.g. “hours will be rostered”, often with notice requirements), or
- Variable hours (more common in casual arrangements, but still not a free-for-all).
Guaranteed Vs Rostered Hours (And Why It Matters)
If an employee has guaranteed hours, reducing them usually requires a formal variation by agreement. If you cut below the guaranteed minimum, you’re likely in breach.
If the agreement is genuinely roster-based (and doesn’t promise minimum hours), you may have more flexibility - but you still need to act fairly. If someone has worked consistent hours for a long time, that pattern can become an expectation you should treat seriously.
Casual Employees And Minimum Hours
Casual work can sound like “we can offer shifts when we want”, but the reality is often more nuanced. If a casual employee is working regular hours for months, they may look more like a permanent employee in practice.
It’s also important to understand how leave and entitlements might apply in your workforce (including casuals), because hours changes can impact these calculations. If you’re reviewing your staffing model, it can help to read about casual workers leave entitlements.
Lawful Ways To Reduce Staff Hours (Without Creating Bigger Problems)
If your goal is to reduce wage costs while keeping people employed, there are a few common pathways - each with different legal requirements.
1) Agree A Temporary Or Permanent Variation
The cleanest option is often a written variation agreed with the employee.
This might include:
- a temporary reduction (e.g. for 8 weeks, then reviewed),
- a permanent move from full-time to part-time,
- shorter shifts, fewer shifts, or fewer days per week, or
- changes to start/finish times to better match demand.
To do this properly, you should:
- explain the business reasons (with enough detail to be meaningful),
- give the employee a genuine opportunity to respond,
- consider alternatives they suggest, and
- confirm any agreed change in writing.
Even when everyone is on board, you’ll usually want the variation to be documented properly (so there’s no confusion later about whether it was temporary, what the new hours are, and when it will be reviewed).
2) Offer Voluntary Reduced Hours (Or Voluntary Unpaid Leave) Carefully
Some employees may prefer reduced hours over job loss - especially if they have other commitments or can access other income streams.
If you’re considering voluntary unpaid leave, be careful: unpaid leave affects pay, holidays, and other entitlements. You’ll want clear written agreement about:
- the dates the unpaid leave applies,
- whether the arrangement is reversible, and
- how you’ll handle benefits (if any) during that time.
Also, avoid creating pressure or implying that employees “have to” agree. Consent needs to be real, not just a formality.
3) Reallocate Work And Reduce Hours Through Operational Changes
Sometimes the real need is to change where work is done rather than just cutting time.
For example, you might:
- reduce opening hours and align rosters accordingly,
- merge roles or redistribute tasks, or
- shift some work to peak times only.
These changes can still affect the employment relationship. If a change impacts someone’s role, pay, or expected hours, you’ll likely need consultation (and possibly agreement) even if you’re not “targeting” a particular person.
4) Redundancy (Or Proposed Redundancy) Where Hours Reductions Aren’t Enough
If there simply isn’t enough work to sustain the position at its current level, you may be moving into redundancy territory.
Sometimes a “reduction in hours” is effectively a restructure: you no longer need a full-time role, but you may need a part-time role. That can still require a redundancy-style consultation process, even if you intend to offer the employee the new (reduced) role.
If you’re weighing up these options, it helps to understand what proper redundancy process and entitlements can look like (noting NZ entitlements depend heavily on the contract). This overview on redundancy is a useful starting point.
How To Run A Fair Consultation Process (So You Don’t Trigger A Personal Grievance)
In NZ, the process matters almost as much as the outcome. Even if your reasons are genuine, you can still get into trouble if you rush, decide in advance, or don’t consult meaningfully.
A fair process generally includes the following steps.
Step 1: Prepare Your Business Case (With Real Numbers)
Before talking to employees, get clear on the “why”. You don’t necessarily need a 40-page report, but you should have a solid explanation backed by information, such as:
- decline in revenue, bookings, or foot traffic,
- loss of a major client or contract,
- increased operating costs, or
- seasonal downturns affecting demand.
Employees are more likely to engage constructively when you can explain what’s happening and what you’re trying to achieve.
Step 2: Put A Proposal In Writing
It’s usually best to set out a written proposal explaining:
- what you propose to change (e.g. reduce hours from X to Y),
- when the change would start,
- whether it’s temporary or permanent (and review points), and
- what alternatives you considered (and why they may not work).
This is also where you invite feedback and make it clear that no final decision has been made yet.
Step 3: Meet, Listen, And Genuinely Consider Feedback
Give employees a reasonable opportunity to respond. In practice, this might include:
- a meeting to explain the proposal,
- time to think about it (and get advice/support if they want), and
- a follow-up meeting to discuss their feedback.
Common alternatives employees raise include different shift patterns, taking annual leave, job-sharing, or redeployment to other tasks. You don’t have to accept every alternative - but you do need to genuinely consider them.
Step 4: Confirm The Outcome In Writing (And Update The Contract If Needed)
If you reach agreement on reduced hours, record it as a variation (or a new agreement if the role is fundamentally changing).
If you can’t reach agreement, your next steps depend on the situation. Sometimes you may need to consider a restructure/redundancy process rather than forcing a change through.
Common Risks When Reducing Hours (And How To Avoid Them)
Reducing staff hours can feel straightforward operationally, but legally it can go off-track quickly. Here are common issues we see - and how to manage them.
Unilateral Reductions And “Roster Cuts” That Breach Guaranteed Hours
If someone is contracted to a minimum number of hours, cutting their shifts below that minimum can expose you to:
- arrears claims for unpaid wages,
- penalties for failing to meet employment obligations, and
- personal grievance risks if the process was unfair.
If you’re unsure whether the contract guarantees hours, it’s worth clarifying before making any roster changes.
Indirect Pressure Or “Take It Or Leave It” Conversations
Even if you don’t intend to be heavy-handed, employees can feel cornered when their income is on the line.
Avoid language like:
- “Everyone has to accept this,”
- “If you don’t agree, there’s no job,” or
- “Sign this today.”
Instead, keep the tone consultative and focus on problem-solving. You’ll still be able to explain the realities of the business - just don’t present the outcome as predetermined.
Forcing Annual Leave To Cover Reduced Hours
Some businesses consider requiring employees to take annual leave during quieter periods to reduce wage costs.
This can be lawful in some circumstances (for example, if you give the required notice), but it’s not something you should do casually - and it won’t always solve the underlying issue if the downturn is ongoing.
If you’re considering this option, make sure you understand the rules around annual leave and notice requirements before you implement anything.
Accidentally Creating A Redundancy Scenario Without Following Process
If your “hours reduction” effectively means a role no longer exists in the same form (for example, turning a full-time role into a part-time one), you may be in restructure territory.
That means you’ll need a proper proposal, consultation, and fair selection approach (if more than one person could be affected). Skipping those steps is where many employers get caught out.
Pay, Leave, And Entitlements Getting Messy
Reduced hours can affect:
- holiday pay calculations (especially if hours become variable),
- sick leave payments (which often depend on what an employee would have worked on the day), and
- KiwiSaver and other payroll deductions.
Make sure your payroll process reflects the new arrangement, and consider whether your internal documentation needs an update (for example, any policies about rostering, availability, or overtime).
What Documents And Policies Should You Update When Changing Staff Hours?
Once hours are changing, it’s not just about the roster. Good documentation is part of protecting your business (and your working relationships) from day one.
Depending on how you reduce hours, you may need to update or create:
- Written variations to employment agreements (confirming new hours, start date, review periods, and any pay impacts),
- Rostering policies (how far in advance rosters are issued, how changes are communicated, expectations around availability),
- Job descriptions if duties are changing along with hours, and
- Restructure documentation if the change is part of a broader organisational change.
If you’re employing contractors as a way to create flexibility, be careful. Misclassifying workers can create significant liability. If someone looks and works like an employee, calling them a contractor won’t necessarily make it true.
Where you do need contractors, having the right contractor arrangement (and the right supporting documents) makes a big difference.
When A “Reduction In Hours” Might Need A Bigger Employment Review
Sometimes the need to reduce hours is a sign your broader employment setup needs a refresh. For example:
- Your contracts don’t match how you actually roster people.
- You’ve grown quickly and different staff are on different terms.
- You’re relying on casual work, but the work is actually regular and ongoing.
- Your managers are making roster changes without a consistent process.
If any of this sounds familiar, it may be worth doing a more holistic employment review rather than patching things up one variation at a time.
Key Takeaways
- You usually can’t reduce staff hours unilaterally - hours are often a key term of employment, so changes typically require agreement or a proper process.
- Start with the employment agreement to check whether hours are guaranteed, rostered, or variable, and whether there are any notice or variation clauses.
- A written proposal and meaningful consultation are critical in NZ, even when your business reasons are genuine and cost pressures are real.
- Temporary reduced hours can be a practical alternative to redundancy, but you should document the arrangement clearly (including review points and what happens if trading doesn’t improve).
- A significant reduction in hours may effectively be a restructure, meaning redundancy-style consultation steps may apply even if you intend to offer a reduced role.
- Be careful with annual leave directions, payroll impacts, and casual arrangements - these are common areas where employers accidentally create legal risk.
If you’d like help reducing staff hours the right way - whether that’s drafting variations, advising on consultation, or guiding you through a restructure - you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.


