The right to request a four-day working week

In recent weeks, reports have emerged that the UK Government is considering implementing the ‘right to request a 4-day working week’.

This comes as part of a much broader package of legislation that has already been announced, including changes to flexible working policies, zero-hours contracts, union rights and more.

Many see these proposals as a bold and progressive step. But business leaders have questions about how to effectively implement the changes while maintaining productivity.

Read more: What could Labour's employment law changes mean for HR? 

 

The journey to four days

The 5-day working week has been the default setting in Europe and America for roughly a century. But today, many businesses are reassessing if it’s still the best option.

Four-day working week trials have become increasingly common in recent years, including notable examples in Iceland, New Zealand and the UK.

Many organisations involved in the trials reported significant benefits and eventually decided to stick with the policy. But it isn’t universally popular. Some abandoned the policy after trials, and many who haven’t made the transition worry about how feasible it is for their workforce.

But it’s important to be aware that there are actually various ways to implement a 4-day working week:

 

• 80% of hours for 80% of pay 

Essentially a pro-rata agreement, this is already common in many organisations, particularly among working parents.

• 80% of hours for 100% of pay 

A more controversial approach. Supporters generally argue that reduced working hours lead to increased productivity - and that workers can be as productive across 4 days as they are over 5. 

• 100% of hours across four days 

This is the 'compressed' working week, where employees work four longer days (e.g. 10 hours vs. 8 hours) at full pay. 

 

Employers are free to explore any of these approaches. But when it comes to the Government’s new proposals, we’re talking specifically about the final choice. It’s unlikely, therefore, that legal requirements will apply to the first two options.

 

5 key questions about the Government's proposals 

At this stage, the proposals seem to be an extension of the Government’s drive to expand access to flexible working arrangements. Since they focus only on the ‘compressed’ option, the announcement seems designed to give workers more flexibility over when they work the hours they’re already contracted. 

While the details of these proposals are still unclear – here are all the main takeaways we have at this stage:

 

1. What organisations will the rules apply to? 

Comments from Government sources give some indication of how far these proposals will go – but the details still remain unclear.

Education Minister Jacqui Smith has confirmed that the measures won’t apply to industries, such as teaching, where it’s difficult or impossible to roll out.

This suggests that the proposals will only apply to businesses where the impact would be fairly limited. Though it hasn’t been confirmed, we’d expect exemptions to apply to retail, hospitality and other industries that rely on shift work.

Nonetheless, it’s still not clear where the line will be drawn. In all likelihood, the legislation will be similar to the existing ‘right to request flexible working’ rules. In this case, employers have to consider requests but can turn them down if they 'have a good business reason for doing so'.

 

2. Will I have to grant a four-day working week request? 

The Government has stressed that employers will not be forced into accepting four-day working week requests. This will come as a relief to employers who worry about how feasible the proposals are.

But it’s also unlikely that employers will be able to completely dismiss a request without justification.

“One possibility is for the Government to make it more difficult for employers to refuse such requests, because at present it is quite easy for them to do so.”

 -  Charlie Thompson, Employment Law Partner, Stewarts

It’s likely that employers will have legal responsibilities to respond to requests and demonstrate they’ve seriously considered proposals. But granting them probably won’t be compulsory in most cases.

3. What are the potential benefits of a four-day working week? 

“A four-day working week is a bold and progressive step that reflects the evolving nature of work and the growing emphasis on work-life balance. 

While the idea is compelling, its success will hinge on how well it aligns with the specific needs and goals of businesses across various sectors. It's essential that any shift to a four-day week is carefully planned, with a clear focus on maintaining productivity, employee wellbeing and customer satisfaction.

-  Charlie O’Brien, Head of People, Breathe

Though some employers will view the proposals with caution, others see plenty of potential benefits. Here are some of the most common:

• Morale

82% of businesses that took part in a four-day working week trial reported a positive impact on staff wellbeing.

• Employee retention

The same UK study suggested that turnover rates can be reduced by as much as 50%.

• Productivity

Some trials have reported significant productivity benefits, with one notable example in Japan reporting gains of 40%. 

4. What are the potential challenges? 

Nonetheless, many businesses and HR teams will look at the proposals with some trepidation. To realise the potential challenges of the approach, there are several key challenges they’ll have to first overcome:

• Concerns about maintaining productivity and meeting customer demands.
• Financial implications, including legal and implementation costs. A particular concern for SMEs with tight margins.
• The operational difficulty of arranging cover for employees once a week.
• The strain on HR teams who have to manage requests, implement the system and monitor its progress.

5. What practical steps can SMEs take to implement a four-day compressed working week? 

“The key to making this transition successful lies in flexibility, open communication and a willingness to adapt. Businesses will need to reimagine their workflows, redefine performance metrics and possibly redesign roles to ensure a condensed work week still delivers the results that drive business success.” 

-  Charlie O’Brien, Head of People, Breathe

The Government’s new proposals will take some time to become law. But plenty of employers will want to get ahead in the meantime, so they’re ready if and when requests are submitted. Here are a few suggestions of steps you can take:  

• Conduct workforce assessments and identify suitable roles for compressed schedules
• Create policies to define when or if requests will be granted
• Design a process for viewing and responding to incoming requests
• Provide robust training for HR teams to manage the shift effectively

A brave new world or just another HR headache?

Implementing a 4-day working week is certainly a radical change for organisations of all shapes and sizes. There are plenty of good reasons to consider doing so – but it’s not going to work for everybody.

Either way, businesses should think carefully about the implications of the proposals before they’re turned into firm legislation. This will give you a headstart if and when the new rules come into effect.

Implementing a smooth flexible working request process can be a hassle - but it doesn't have to be. With Breathe, you can easily submit and monitor flexible working requests from one centralised location. Find out more