In the UK, ten million people say they would like to work fewer hours, with three million willing to accept less pay in return (The Guardian[1]). With the Covid pandemic, many people have re-evaluated what’s important to them, and want to achieve a better work-life balance.
The benefits of flexible working may see less staff taking time off due to sickness, an increase in job satisfaction and a costs saving. However, some companies may find it more difficult to accommodate flexible working or the idea of a four-day working week, for example, due to the nature of work, staff shortages, or customer demand.
This blog will consider what the six-month trial of the four-day working week entails and current rights in relation to flexible working for both employees and employers, and asks the question: what might the future hold regarding flexible working?
How does the four-day week trial work?
The trial runs for six months and is based on the 100:80:100 model – “100% of pay for 80% of the time, in exchange for a commitment to maintain 100% productivity”.
Six months into the trial, what are the first results?
Now that the UK trial is at the halfway point, many of the UK companies taking part have said they will keep the four-day working week in place after the trial has ended and feedback has been extremely positive. Many of the UK companies have confirmed that productivity has either been maintained or has even improved. This is despite some difficulties faced by some UK companies with working around the new working week period, but most have overcome these difficulties by updating their employment policies and practices in the workplace.
Whilst the UK trial period is underway, a bill is also due to be discussed in the House of Commons in October 2022 to reduce the maximum working week to four days.
The trial has again thrown the concept of flexible working into the spotlight, as was the case during the Covid pandemic, with many employees now expecting some flexibility as the norm. The UK is experiencing a shift in how people want to work and employers need to be ready for this.
What are employees’ current rights to flexible working?
The Employment Rights Act 1996 allows employees the ability to request flexible working for example. moving from full-time hours to part-time hours, changing working hours to fit in with care arrangements or working from home or remotely.
To have the statutory right to ask for flexible working, you must be an employee and have worked for the employer for 26 continuous weeks on the date you make the application for flexible working. Employees are limited to one flexible working request in any 12-month period.
If the employee does not fit the criteria to make a statutory request, they could still make a non-statutory request, or make one under the employer’s flexible working scheme policy (if the employer has one).
What are the employers’ current duties when it comes to flexible working?
If an employee makes a flexible working request, the employer must take the request seriously. This does not mean that just because a request it is guaranteed, that is up to the decision of the employer. Once the employer has reviewed the employee’s request, they must let the employee know of their decision within three months of the employee making the request.
There are statutory grounds on which an employer may reject a flexible working request to include cost, inability to reorganise the work among other staff, or inability to meet customer demand.
If an employee believes that a flexible working request has been unreasonably refused, they may have claims such as constructive dismissal or discrimination (for example, women making a flexible working request to facilitate childcare).
Tips for handling flexible working requests
- Make sure that there is a clear process for dealing with flexible working requests, for example, implementing a flexible working policy that incorporates the statutory requirements and follows the ACAS Code of Practice.
- Take the flexible working request seriously and deal with it within a defined period of time (and under three months).
- Have a meeting with the employee to discuss the reasons for making the flexible working request.
- It may be worth considering to see if the flexible working request can be made on a trial basis to see how it would work.
- If the request is rejected, ensure the decision is put in writing and that it outlines what statutory grounds are for the refusal of the request, along with evidence.
If you are an employer and need any help with any of the above in regard to flexible working requests, implementing a flexible working policy or general advice on how they can make the workplace ready for any shift in the workplace, please give us a call.
[1] https://www.theguardian.com/money/2022/aug/18/four-day-week-trial-uk-workers-joys-challenges
If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
