Following the introduction of the 4-day working week trial in many organisations this week, Helen Burgess, employment partner at Gateley Legal takes a look at the legal considerations of this change of working pattern, as well as the practical issues that may arise.
Legal issues
Helen Burgess, employment partner at Gateley Legal says:
“In general, employees have to be notified of any contractual changes within a month of the change. Even though the 4-day week is a trial it still constitutes a change to the contract, albeit for a potentially limited period. The notification could be done by email for ease with employees replying to confirm that they have understood and accepted the change.
“It would also be a good idea to set out clearly in writing what the trial will involve i.e. what the arrangement will look like, what is expected of each side, who can terminate the arrangement and in what circumstances, whether notice has to be given to terminate, etc. so that both employer and employee know where they stand.”
Practical issues
Helen Burgess, employment partner at Gateley Legal says:
“In most organisations it is unlikely that all employees will be permitted to be off on the same day to ensure that the employer has some cover. People may want the same day off – I’d imagine Mondays and Fridays would be popular days off so that people can extend their weekends. Employees may be able to make a request for a certain day and employers will have to decide how to deal with competing requests. An easier solution, if feasible, may be to state that only Tuesdays, Wednesdays and Thursdays will be the non-working days to avoid any perceived unfairness or animosity.
“Another issue to consider is what happens if people fail to take their day off and end up working additional hours to their colleagues. One company offered unlimited holiday to its employees but after three years they decided to withdraw it. There were several reasons for the policy being unsuccessful; one was because employees ended up taking less than their statutory minimum holiday entitlement. This could potentially happen with the 4-day week with those conscientious employees who are able to commit more time to work doing just that which could be detrimental to their health and wellbeing as well as detrimental to the progression of others who may look as though they are underperforming in comparison. Employers will therefore have to carefully monitor output and compare / contrast it to a 5-day week output person by person.”
Will a 4-day week suit everyone?
Helen Burgess, employment partner at Gateley Legal says:
“Some employees, especially those with young children, may not appreciate the 4-day week. Schools have relatively short days so an employee may like their 5-day working week, working shorter days around school hours, as opposed to having to fit work into fewer longer days while also caring for children. Nursery settings may also prove a challenge with parents having to slot in 5 days’ worth of work into the hours of care that nursery provides. That could mean their children are in nursery for much longer days than they would like and/or they have to fit in their remaining work while their young child/children are at home with them. Having said that, before the pandemic returning parents sometimes requested compressed hours to give them a day off in the week with their child so it will suit some people.
“While the trial of a 4-day week is a good idea it shouldn’t be seen as the panacea; one way of working does not fit or suit all – as the pandemic has shown. Far better would be to allow employees the choice over what working pattern / hours / arrangement suits them best and, subject to it meeting the needs of the business, that being accommodated.”