Reports emerged last week that the UK Government is planning to strengthen full-time workers’ rights to request a four day working week, as part of a broader suite of proposals to encourage flexible working. The government has stressed that employers would not be forced into accepting such requests.

Employment partner Charlie Thompson spoke to the BBC and Sky News about what the proposed changes could mean for employees and businesses.

Government’s new proposals remain unclear

Reports made by an unnamed source to the Daily Telegraph suggested that under new proposals being considered by the government, employees would still have to work their full hours to receive their full pay as part of a four day week, but could request to compress their contracted hours into the four days.

The BBC’s subsequent article notes that employees already have the right to request flexible working and that employers must deal with requests in a “reasonable manner” per existing law, but they can turn requests down “if they have a good business reason for doing so”.

Charlie comments: “Given employees in the UK already have the right to request flexible working, and that includes requesting a four day week, so it’s not yet clear what this “new” law will entail. 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.”

Reports have also emerged about the potential establishment of the “Fair Work Agency”, which would have the ability to fine organisations that breach employment law. Whether or not this agency would have the power to fine employers who do not permit a four day week remains unclear.

Whatever shape the law takes in the coming months, it is unthinkable that there will not be exceptions which employers can rely on to justify a five day week.

How will a four day week work in practice?

The four day week debate is a complicated one as there is not one universally-proposed model. Options could include:

• Employees working 80% of their hours for 80% of their pay;
• Employees working 80% of their hours for full pay, with the condition that their productivity remains the same or better; or
• Employees working 100% of their hours, but over four rather than five days.

Charlie comments: “Although much of the scepticism about the four day week is from employers about decreased productivity, it is not necessarily all upside for employees. If employees are requested to deliver 100% of their output in 80% of the time, for example, the implication is if employees cannot do that, they will either face the prospect of dismissal for poor performance or they will have to work on their extra day off to keep on top of their workload.

Unless employers give their staff the required resources and support, a four day week may not be helpful for employees. As things stand, there are already many full-time employees people who are unable to complete all their work in five days, and so work well beyond their normal contractual hours into evenings and weekends. This is particularly prevalent in finance, professional services and tech where workload and hours are already excessive and burnout is a profound risk. Without proper support, those employees will continue to work excessively, even if the employer’s official policy becomes a four day week.”

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