What are my flexible working rights?

The world’s biggest trial of a four-day working week has been hailed a success – with most of the companies involved saying they would continue offering a shorter week.

A total of 61 firms across several sectors in the UK were involved in the pilot, which ran for six months from June last year. Employees simply worked condensed hours in exchange for a longer weekend.

Fifty-six out of the 61 firms which took part said they plan to continue with it.

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In this article, we explain:

• What is the four-day working week and how does it work?
• What are the new rules around flexible working?
• Can my employer turn me down?
• How will flexible working affect my pay or work schedule?
• Can I work from home permanently?

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What is the four-day week and how does it work?

The four-day week is not a new concept. It has been trialled in a number of countries over the past decade, including Iceland, New Zealand and Spain.

Staff who usually work five days a week will instead have an extra day off but will see no change in their wages.

Since the COVID-19 pandemic, there has been more emphasis on employee wellbeing and a better work life balance.

In order to try to be more attractive to the best employees and increase productivity, a number of companies have already made the move, including Atom Bank and global marketing company Awin.

At Atom Bank, for example, staff can work 34 hours spread over four days, rather than the previous 37.5 hours over five days without it affecting their pay packet. 

According to the 4 Day Week campaign group, more than 100 UK companies have brought in a permanent a four-day working week since the pandemic. Staff at these firms work between 32 and 35 hours without a dip in their salaries.

The Labour Party also included plans for a 32-hour working week with no loss of pay in its 2019 general election manifesto.

What is the four-day week trial?

At the beginning of June 2022, dozens of UK companies and organisations began a six-month trial, based on a 100:80:100 model.

The idea was to test whether workers can function at 100% productivity for 80% of the time while getting 100% of pay. 

The pilot – believed to be the largest of its kind – was led by the non-profit organisation 4 Day Week Global alongside the 4 Day Week UK campaign, the think tank Autonomy, researchers at Oxford and Cambridge universities, and Boston College in Lincolnshire. 

Of the 61 companies that entered the six-month trial, 56 have extended the four-day week, including 18 who have made it permanent.

Companies taking part were offered workshops and mentoring to help them rethink working practices. Staff were given the opportunity to remain on their existing salary, working across four days instead of five.

CV-Library says that job adverts for four-day week positions on its site have increased by about 90% since the trial started.

How to find out if your employer is taking part in the four-day trial

You will need to speak to your employer to find out if it is taking part in the scheme, or if it has any plans to introduce a four-day working week.

The 70 companies taking part in the trial include: 

• The Royal Society of Biology
• Adzooma, the online marketing service
• Hutch, the games studio
• Pressure Drop Brewing
• Eurowagens, a supplier of automotive lighting
• Bookishly, which supplies literary gifts
• AKA Case Management, which helps people disabled by traumatic injuries
• Timberlake Consultants, the software firm
• Scotland’s International Development Alliance, a non-profit body that aims to create a fairer world

Will I get paid less?

No – employees will be paid the same amount for working four days.

It is important to note that this is different to part-time working or doing longer hours over each of those four days (see below).

Do I have to do it?

If you don’t want to work a four-day week, even if your pay stays the same, then you will need to speak to your employer.

It might be that you feel you are already working flat out and don’t think you can fit everything you have to do into a schedule of one day less a week, without those four days becoming too intense.

It is important for your employer to make sure the new schedule will be manageable.

Beverley Sunderland, Managing Director of Crossland Employment solicitors, warns that the move to a four day week could cause some problems.

“Especially for those who have already gone down to four days and had a reduction in their salary to reflect this, but feel that they are still doing the same amount of work”, she says.

They might bring claims under ‘The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000’.”

“It opens up endless opportunities”

Maddy Trusewich works as head of global business development at London-based software company Scoro, which introduced a four-day work week on July 1. Maddy is a big fan of the new arrangement.

Scoro is not taking part in the UK trial; the move is a permanent one based on its own research, which showed that employees work an average of 20-25% less on Fridays.

“We believe that with careful reconsideration of processes, and by using the right technology to maximise efficiency, transitioning is not only possible but potentially the best decision a company can make,” says Fred Krieger, chief executive and founder of Scoro.

“The additional free time can change our lives”, he adds.

Trusewich, a New Zealander, agrees. “I feel like most people have a list of new hobbies that they have been meaning to take up for years – and all that life-admin we never seem to get around to,” she says.

“Having more time back means I have finally been able to sign up for that pottery class, go to the gym an extra day each week, and get through my massive pile of washing!

“Also, with a three-day weekend to take advantage of, I’m planning to explore more of the UK and Europe. In fact, I sit here as we speak on a balcony in Sicily!”

What are the new rules around flexible working?

The government has announced a number of new measures around employee rights to flexible working. They are planned to come in in 2024. These include:

• the right to request flexible working from day one of a job, removing the current 26-week qualifying period
• employers will have to consult with employees to explore available options, before rejecting a flexible working request
• employees will be allowed to make 2 flexible working requests in any 12-month period
• employers must respond to requests within 2 months, down from 3 months
• employees will no longer have to set out how the effects of their flexible working request might be dealt with by their employer
• exclusivity clause restrictions will be removed for around 1.5 million low paid workers, allowing them to work for multiple employers if they want

Minister for Small Business Kevin Hollinrake said: “Giving staff more say over their working pattern makes for happier employees and more productive businesses. Put simply, it’s a no-brainer.

Greater flexibility over where, when, and how people work is an integral part of our plan to make the UK the best place in the world to work.”

What are the different types of flexible working?

Flexible working is not only about whether you work from home or head into the office. There are a number of ways that you can work flexibly. These include:

1. Part time – you work fewer days during the week, or reduced-hour days 
2. Compressed hours – full-time hours are worked but over fewer days
3. Working from home – you perform some of your duties at home, or at another remote location
4. Hybrid working – this involves a mix of you working from home and going into the office
5. Flexitime – you choose and agree with your employer when to start and end your working day, but maintain certain core hours, such as from 9am-3pm daily
6. Job sharing – one job is shared between two people and the hours split accordingly 
7. Staggered hours – you have a different start, finish and break times from your colleagues
8. Annualised hours – you agree to do a certain number of hours over the year, but there is some flexibility about when you work. You might have “core hours” each week and the rest of your hours can be put in flexibly, or when there is extra demand at work
9. Phased retirement – older workers can choose when they want to retire, and make the transition towards that by reducing their hours

Can my employer turn me down?

Your employer can refuse your request for flexible working if there is a good business reason for doing so. According to new government plans, they will soon have to explore alternative options first.

Applications can be rejected for any of the following business reasons:

• Flexible working will affect quality and performance
• The work cannot be reorganised among other staff
• Extra costs may be involved that will damage the business
• New people cannot be recruited to do the work
• Customer demand won’t be met
• There is not enough work to do during the proposed working times
• Workforce changes are being planned

Whether your request is granted or turned down, your employer must deal with your application within three months unless you agree to an extension. This might include:

• Holding a meeting with you to discuss your request
• Assessing the advantages and disadvantages of your application
• Offering an appeal process should your request be turned down

If your employer has not handled your request in a reasonable manner, then you can take it to an employment tribunal. However, a tribunal cannot force your employer to agree to your request.

How can I appeal?

In the past, employees had a statutory right to appeal if their request for flexible working was turned down. This is no longer the case.

Instead, offering an appeals process is a way for employers to show that they are dealing with requests in a reasonable manner. 

If you want to appeal, you need to follow the company’s procedures for solving a workplace dispute.

You can complain to an employment tribunal if your employer did not deal with your request in a reasonable manner, but you can’t complain just because your request was rejected.

Employees can complain to an employment tribunal if the employer:

• Did not handle your request in a reasonable manner
• Wrongly treated your application as withdrawn
• Dismissed or treated you poorly because of their flexible working request – for example, refusing a promotion or pay rise
• Rejected your application based on incorrect facts

You as an employee should complain to the tribunal within three months of:

• Hearing your employer’s decision
• Hearing that your request was treated as withdrawn
• The date your employer should have responded to your request (but failed to do so)

If an employer or employee is unsure of their rights, they should get legal advice.

How will flexible working affect my pay or working schedule? 

If you move to flexible working, then your schedule is likely to change and so too could your pay. 

It is important that you speak to your employer so you fully understand the implications of any changes on your wages and also your benefits, such as your pension. Make sure that you can afford the changes.

If you move to part time, you cannot be treated less favourably than a full-time worker doing the same job as you. Your pay and benefits need to be carefully calculated.

Those working flexibly are also protected under equal pay and national minimum wage law, in the same way that full-time workers are.

Note that if you are returning from maternity leave and decide to reduce your hours, any holiday entitlement built up during your maternity leave must be based on your old hours.

How to ask for flexible hours

If you want to apply for flexible working, there are a number of steps to follow:

• Write a letter or email to your employer stating that you are making a statutory application. Include details of how you want to work flexibly and from when, and explain how the business could manage your changing work pattern.
• You may be asked to fill out a standard form to make an application.
• Your employer should consider your application and make a decision within three months – or longer, if you both agree.
• If the request is granted, your employer has to write to you outlining the changes. Your contract also needs to be altered within 28 days of making the application.
• If your application is turned down, your employer should write to you outlining the business reason behind the refusal
• You can only make one application for flexible working a year.

What about time off in emergencies?

If you are an employee, you have the legal right to time off in cases of emergencies involving a dependant.

This can include your spouse, parent, child or someone else who depends on you for care. It must be an unforeseen event rather than a planned hospital appointment, for example.

You are allowed reasonable time off, though there is no given statutory amount. Each case should be dealt with on an individual basis, depending on the emergency.

There are also no limits on how many occasions you take time off to deal with emergencies affecting dependants, although your employer can talk to you if it is affecting your work.

Your employer does not have to pay you for that time off unless your contract says otherwise, although it can choose to.

What rights do I have to time off if I have a child?

If you are an employee and have worked at your company for over a year, you have the right to unpaid time off to look after your child up until their 18th birthday. 

This is called unpaid parental leave and should not be confused with shared parental leave. It applies to each child and not to your job, so if you change jobs you can carry over the balance of each child’s entitlement. 

You might wish to take the time off to be with your child if they are sick, you are looking for new schools, or you want to spend more time with family members such as grandparents.

You can take up to 18 weeks in total for each child, which should be:

• In blocks of a week at a time 
• A maximum of four weeks a year per child

You have more flexibility if your child has a disability, such as taking parental leave in days and not weeks.

Note that your employment rights, such as holiday pay and returning to a job, are protected during parental leave.

You must give your employer 21 days’ notice and confirm the start and end dates when you make the request.

If you are looking for ways to cut back on the cost of childcare, we’ve lots of tips and advice.

What are my rights if I want to work from home permanently?

During the height of the pandemic in 2020, the number of people working from home increased by around a third. 

But since February 2022 and the lifting of all domestic coronavirus restrictions in the UK, employers have increasingly been asking staff to return to the office.

If you have been working for at least 26 weeks at your company, you have the legal right to request flexible working arrangements, which includes working from home.

However, you do not have a legal right to work from home permanently, unless your contract says this or you have come to a separate agreement with your employer. 

As set out above, you will need to make a formal application and write to your employer, outlining why you believe your job can be done just as well from home. 

Ultimately it is their decision but they need to act in a reasonable manner and not discriminate, for example, only agreeing to requests made by women but not by men.

If you want to read more about your working rights, head to our dedicated work and study section.