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TECHNOLOGY REPORT






      view, the four-day working week was,   some employees”. He explains that in circumstances where hours   As Dosanjh says, “businesses must
      perhaps, an obvious next step.  have been proportionately reduced, “employers may still see   consider the current employment terms
        And that step was tested over a six-  resistance from some employees who do not wish to reduce to a   of their employees and remain mindful
      month period from June to December   four-day week. This may be due to concerns regarding workloads   throughout of the need for employee
      2022 in a trial that was organised by   on the remaining four-day weeks, or other personal considera-  consent – in writing – to any amend-
      campaigning group 4 Day Week Global.   tions”.                                   ments to them”. He continues by noting
      Of the 61 participating companies, 56   And then there’s the need for employers to give sufficient con-  that employers need to think about busi-
      decided to continue with their four-day   sideration to the continuity of their business, including the ability   ness requirements and how they may
                                                                                       impact upon the amendments made;
      working week for the time being, includ-  to provide an acceptable service level throughout reduced staffing   whether the business requires cover
      ing 18 that made the change permanent.  on one or more days of the week. As Dosanjh points out: “It may   throughout the week, or whether the
                                      not, for example, be acceptable for some businesses to close   whole business will be closed for one
      For and against                 entirely for an additional day of the week or operate on reduced   additional day per week.
        So, why, given the status quo, should   staff on a rota basis.”                  Beyond that is the fact that some
      employers consider moving to a four-day                                          employers may wish to remove or
      working week? In answer, Kash   Making the move                                  reduce certain benefits to reflect the
      Dosanjh, an associate in the employ-  So, where an employer is considering moving to a four-day   reduction in working hours. However,
      ment law team at Wright Hassall, cites   working week, what practical and legal issues should they be   Gordon points out that even a broadly
      findings from the UK’s four-day week   thinking about?                           positive change to employment terms
      pilot that “some of the most extensive   The first issue that Gordon says must be reconciled is the type of   can still amount to a breach of contract.
      benefits of shorter working hours were   four-day working week that is to be adopted. On this she com-  So, as with any substantive change, it
      found in employees’ well-being. ‘Before   ments that “it’s easy to fall into the trap of thinking that a four-day   makes sense to Gordon to trial a four-day
      and after’ data shows that 39% of   working week simply means ‘Fridays off’. But that policy won’t   working week to begin with to ensure
      employees were less stressed, and 71%   suit every industry, departmental structure, company culture, and   that it works for the business and work-
                                                                                       force. And Dosanjh thinks the same,
      had reduced levels of burnout at the end   so on”.                               adding that “if a trial is to be conducted,
 Fitting a quart into a pint pot  fatigue and sleep issues decreased, while   ity and any amendments to targets or similar should be explained   its parameters and duration should be
      of the trial. Likewise, levels of anxiety,
                                        Dosanjh makes clear that expectations in relation to productiv-
                                                                                       considered and communicated to
                                      clearly from the outset in order to manage the expectations of the
      mental and physical health both
                                                                                       employees from the outset”.
      improved”.
                                                                                         Indeed, Gordon sees serious risk in a
                                      what is expected of employees following the changes whilst ensur-
        Gordon too points to a wide range of   employees involved. “This should minimise concerns relating to   poorly run trial and potential for “an
      benefits such as improved staff health   ing that business continuity is protected.”  employee relations disaster should the
      and wellbeing, no loss in pro- ductivity –                                       employer decide to move back to a five-
      or even an increase in productivity – sig-  But as for the various options, Gordon details three:  day model at the end of the trial period”.
      nificantly improved staff retention rates,   A ‘staggered’ model where everyone works four days a week,   This is why she says that the employer
      the ability to attract the best talent,   but staff take their new day off on different days each week, mak-  should set out clear, transparent, meas-
      lower rates of sickness absence, the pro-  ing sure the company is still operative over the usual five working   urable and appropriate objectives that
      motion of equality – as women and   days.                                        will need to be met to justify keeping the
      those with care responsibilities are more   A ‘decentralised’ model. In larger organisations, it may be more   model. Fundamentally, she says that
                                                                                       care should be taken not to tie the busi-
      likely to remain in full-time employ-  appropriate to devolve the decision to department heads, who   ness into making the four-day working
      ment, and a reduction in the carbon   decide what works best for their team. But the company will have   week a permanent fixture, even if the
      footprint of the workforce and business.  to make sure it’s able to justify differences, as departments seen to   objectives are met.
        She quotes other benefits from the   have more flexible policies are likely to create friction.  Another concern will be overtime
      trial support: “Participating companies   An ‘annualised’ model where staff work an average number of   arrangements and how the shift to a
      were satisfied with productivity and   hours a week equivalent to four working days a week, annualised   four-day working week affects staff.
      business performance; sick days fell by   across the year. This is likely more appropriate for seasonal busi-  “Thought,” says Gordon, “needs to be
      about two-thirds; and 57% fewer staff   nesses with peaks and troughs in workload throughout the year.  applied to covering the risk of employees
      left the companies taking part, com-  And to this list Dosanjh adds what Gordon alluded to earlier:   essentially just working their previous
      pared with the same period a year ear-  extending working days for the four-day week, effectively ensur-  ‘fifth’ working day through overtime,
      lier.”                          ing that employees work the same or similar hours to those   which could be more costly.” She says
        But it’s not all a bed of roses. Dosanjh   worked during a five-day week, but over the course of four days.  that depending on the organisation’s
      points out that critics of the four-day                                          business model, if employees regularly
      week have “voiced concerns that where   Contracts and detail                     receive overtime, the move to a four-day
      weekly working hours are not reduced   While it may seem that most employees would surely leap at a   working week may not be appropriate.
      proportionally to match the four-day   move to a four-day week, not all will want to change. This means   Then there’s the matter of part-time
      working week and the requirement to   that the employment contract is central to the move and in par-  employees and how the four-day week
      work longer days may increase stress for   ticular, whether it allows for a change to a four-day working week.  interacts with them.

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