Guide to implementing a 4-day week

The idea of moving to a 4-day work week has gained popularity in recent years, with proponents arguing that it can lead to increased productivity, better work-life balance, and improved employee morale. However, before implementing such a change, there are a number of legal considerations that employers in the UK must take into account. In this article, we will outline the key legal considerations and the correct process for moving a workforce to a 4-day week.

Check employment contracts

Before moving to a 4-day week, employers must check their employees' contracts to determine whether they have the right to make changes to their working hours. If the contract specifies the number of working hours, the employer will need to seek the employee's agreement to make any changes. Employers should be aware that any unilateral changes to an employee's working hours could be considered a breach of contract and could result in a claim for constructive dismissal.

Consult with employees

Employers should consult with their employees before implementing a 4-day week. This can be done through a survey, meetings, or other forms of communication to get feedback from employees about their thoughts and concerns. It is important to involve employees in the decision-making process, as this can help to ensure that the transition is smooth and well-received.

Consider the impact on pay and benefits

Employers must also consider the impact that a move to a 4-day week could have on employee pay and benefits. For example, if an employee's salary is based on a 5-day working week, a reduction in working hours could result in a reduction in pay. Employers will need to consider whether to adjust salaries or provide additional benefits to compensate for any reduction in pay.

Review working time regulations

Employers must also review the Working Time Regulations to ensure that the proposed 4-day week complies with the law. Under these regulations, employees are entitled to a minimum of 5.6 weeks' paid annual leave per year. Employers must ensure that any changes to working hours do not result in a reduction in the amount of annual leave to which employees are entitled.

Ensure health and safety compliance

Employers must also ensure that a 4-day week does not compromise health and safety compliance. This includes ensuring that employees are not working excessively long hours, and that they are given adequate rest periods and breaks.

Implement the change

Once all of the legal considerations have been taken into account, employers can begin implementing the change. This may involve issuing new employment contracts, adjusting payroll systems, and communicating the change to employees.

Use our contract variation template to support this process.

In summary, moving a workforce to a 4-day week can be a positive step for both employees and employers. However, it is important for employers to take into account the legal considerations and to follow the correct process in order to ensure that the change is implemented smoothly and compliantly. By consulting with employees and taking a collaborative approach, employers can ensure that the transition to a 4-day week is a success.

What should you do if an employee does not agree to a proposed change to their terms and conditions of employment?

If an employer proposes a change to a 4-day week but the employee does not agree to the change, the employer should follow a careful process to try and resolve the situation. Below are some recommended steps to follow:

1. Explain the reasons for the proposed change: The employer should explain the reasons for the proposed change to the employee, such as business necessity, legislative or regulatory compliance or changes in the company’s operations. The employer should explain how the proposed change will affect the employee's role, as well as any potential benefits.

2. Seek feedback: The employer should seek feedback from the employee regarding the proposed change, including their concerns or objections, and address any questions or uncertainties.

3. Consider alternatives: The employer should consider alternatives to the proposed change, such as alternative work arrangements or alternative roles, and discuss these with the employee.

4. Negotiate: The employer and employee should negotiate in good faith to try and reach a mutually agreeable solution. This may involve offering incentives or benefits to the employee, such as additional pay or additional leave, in exchange for accepting the proposed change.

5. Document the process: The employer should document all communications with the employee regarding the proposed change, including any feedback, objections or concerns raised by the employee, and any attempts at negotiating a resolution.

6. Consult legal advice: If the employer and employee are unable to reach a resolution, the employer should consult legal advice to ensure that they are complying with any legal obligations, such as consultation requirements and the duty to maintain the employee's terms and conditions of employment.

Ultimately, if an employee does not agree to a proposed change to their terms and conditions of employment, the employer may need to consider whether to impose the change unilaterally or to terminate the employee's employment. However, these options should be considered as a last resort and should only be taken after all other options have been exhausted.

Use our dismissal and re-engagement template to support this process.

Framework

1. Assess Feasibility and Need:

   • Evaluate the suitability of a 4-day week for your organisation based on its nature, industry, and operational requirements.
   • Assess the potential benefits, such as improved employee well-being and productivity, and consider any potential challenges or drawbacks.

2. Plan and Set Goals:

   • Define clear goals and objectives for implementing a 4-day week, such as increased employee satisfaction, work-life balance, or productivity improvements.
   • Develop a timeline and action plan outlining key milestones and steps for the implementation process.

3. Analyse Workloads and Staffing:

   • Conduct a thorough workload analysis to identify potential bottlenecks and workload distribution challenges.
   • Determine if staffing adjustments, such as hiring additional resources or redistributing tasks, are necessary to maintain productivity and service levels.

4. Review Legal and Contractual Obligations:

   • Ensure compliance with relevant employment legislation and contractual obligations, including working time regulations, employment contracts, and employee rights.
   • Consult with legal professionals to understand the implications and requirements specific to your organisation.

5. Communicate and Involve Employees:

   • Engage in open and transparent communication with employees at all levels.
   • Explain the rationale behind the 4-day week, address any concerns or questions, and solicit feedback to foster employee buy-in and participation.

6. Design the Work Schedule:

   • Determine the most suitable work schedule for your organisation, considering factors such as consecutive or non-consecutive days off, flexible hours, and shift patterns.
   • Consider the impact on customer service, collaboration, and coordination among teams.

7. Pilot Test and Evaluate:

   • Conduct a pilot test with a small group of employees to assess the feasibility and effectiveness of the 4-day week.
   • Collect feedback, monitor productivity, and identify areas for improvement.

8. Adjust Policies and Procedures:

   • Update relevant policies and procedures, including those related to working hours, attendance, leave, and flexible working arrangements, to reflect the new work schedule.
   • Ensure clarity and consistency in communication to avoid misunderstandings or conflicts.

9. Provide Training and Support:

   • Offer training to managers and employees on how to effectively manage their time, workload, and priorities within the new work schedule.
   • Provide support, resources, and tools to help employees adapt to the changes and maintain productivity.

10. Monitor, Evaluate, and Refine:

    • Continuously monitor and evaluate the impact of the 4-day week on employee well-being, productivity, customer satisfaction, and overall business performance.
    • Collect feedback from employees and stakeholders and make necessary adjustments and refinements to optimize the benefits of the new work schedule.