Date published: 16th September 2024

The concept of a four-day working week has been gaining traction in recent years, with many businesses and individuals exploring its potential benefits.  

A shorter workweek model offers the promise of increased productivity, improved work-life balance, and reduced stress. However, implementing such a significant change raises various legal implications under current UK employment law.   

Employment Law Solicitor, Hannah Dowd, delves into the key legal considerations that employers need to be aware of when considering a four-day working week. 

Working fewer days may sound like a dream, but it cannot happen overnight. There are a few key legal implications to overcome before changes can be made: 

Working Time Regulations 

Maximum Working Hours: In 1998, The Working Time Regulations meant there were set limits on the maximum number of weekly working hours. By reducing the working week to four days, certain adjustments would need to be made to ensure compliance with these regulations. 

Rest Breaks: The Working Time Regulations also set out rules on rest breaks, whether this is a break during your workday, or the number of hours between the end of one workday and the start of the next, employers must provide workers with adequate break time. These requirements may need to be revised to accommodate the four-day work week. 

National Minimum Wage 

Hourly Rate: The National Minimum Wage (NMW) sets a minimum hourly rate of pay. If the total weekly earnings remain the same, reducing the number of working days may result in an increase in the hourly rate. Employers must ensure that the new hourly rate complies with the current NMW. 

Contractual Terms 

Existing Contracts: A variation agreement may be needed to amend or change an employee’s contracted hours set out in their original employment contract and must be mutually agreed upon. Employers should consult with their employees and obtain their consent to these changes. 

New Contracts: For new hires, employers can include provisions in their contracts to establish a four-day working week from the outset. 

Probationary Periods 

Extension: If a probationary period is in place, extending it may be necessary to allow for adequate assessment of the employee's performance during the shorter workweek. However, this must be done in compliance with the terms of the employment contract and must be clear from the beginning of the probationary period. 

Holiday Entitlement 

Calculation: The calculation of holiday entitlement may need to be adjusted to reflect the reduced number of working days. Employers should ensure that their holiday entitlement policy aligns with the new workweek arrangement. 

Flexibility and Consent 

Employee Choice: It's important to consider the preferences and needs of individual employees. A flexible approach may be required to accommodate different working arrangements. 

Informed Consent: Employers must obtain informed consent from employees before implementing a four-day working week. This includes providing clear information about the changes and any potential implications. 

Is a four-day working week actually beneficial? 

Despite the legal challenges, many companies have begun experimenting with four-day workweeks and seeing positive results. Studies have shown that it can lead to: 

  • Increased productivity: When employees have more time to rest and recharge, they can be more focused and efficient. 

  • Improved work-life balance: More time off often means less stress and a happier personal life. 

  • Reduced burnout: Fewer working hours can help prevent employees from feeling overwhelmed and exhausted. 

So, is the four-day workweek the future?  

There isn’t enough research yet to say for sure, and the implications need addressing before this becomes the norm, but it's definitely a trend to watch. As more companies experiment with this model, we may see a shift in the way we think about work and leisure. 

The implementation of a four-day working week in the UK presents both opportunities and challenges. Employers must carefully navigate the legal landscape to ensure compliance with current employment law and continue to maintain a positive working environment. By understanding the key legal implications and by engaging with employees to understand their needs, businesses can successfully transition to a shorter workweek while safeguarding their legal obligations. 

Need help navigating the complex landscape of employment law? At Jackson Lees, we may be able to help, give us a call or send us an enquiry and find out what we can do for you.