How Do Staggered Hours Work?

Staggered hours are a type of flexible working.

Given the pervasive expectation of flexible working among employees, and with the law on flexible working requests set to make such requests more common, offering appropriate flexible working arrangements has become critical to retain and attract talent.

The following guide for employers looks at staggered hours in detail, from how this type of arrangement works in practice to other flexible working options in the context of workforce management. We also look at the new law around flexible working soon due to take effect.

 

What are staggered hours?

There are several different ways of working flexibly, including staggered hours. This is defined as being where staff have “different start, finish and break times from other workers.” This simply means that employees will start and finish work, completing a set number of hours, but at different times during the day.

Staggered hours can also refer to a situation where an individual’s set working hours are changed from their normal working pattern, whatever that pattern may be under their existing contract of employment. In these cases, the employee will start and finish either later or earlier than they previously did before under the employment contract where, depending on the start time picked, the employee’s finish time will be adjusted to match.

 

How do staggered hours work in practice?

Under a staggered hours arrangement, a member of staff will start and finish work at times different to other members of staff or their normal working pattern. In many cases, this will represent a set variation from the traditional 9 to 5 working day. A staggered hours system will typically allow staff some discretion, within prescribed limits, provided an individual can complete a prescribed number of hours each day. However, unlike a flexitime arrangement, once staggered hours have been fixed, they will usually remain unchanged.

In the context of flexitime, rather than having set working times, an employee will have core working hours during which time they are required to work, such as between 10 and 4, but with a window of flexibility as to when they can start or finish. This could be where someone is permitted to start work at any time between 7-10 in the morning and to finish work at any time between 4-7 in the afternoon or early evening. Again, however, the employee would still need to complete a set number of hours each working day.

 

Do employees have the right to work staggered hours?

Unless staggered hours are agreed as part of an individual’s normal working conditions from the outset, where they have different start and finish times to other members of staff, they have no automatic right to work staggered hours. Equally, staff have no right to work different hours than their normal contractual working pattern. However, under the existing law relating to flexible working, qualifying employees can make a request in writing to their employer to work flexibly, including a request to work staggered hours. Under the flexible working rules in the UK, this is known as making a statutory application.

Only employees who have worked for their employer continuously for 26 weeks currently have the right to make a statutory application to start and finish work at different times, or to request any other form of flexible working that may suit their individual needs. They can also only make one application for flexible working a year. The employer does not have to agree to this request, but any request must be considered in a reasonable manner and should only be refused where there is a good business reason for so doing, including if:

• there are additional costs that will damage the business
• work cannot be reorganised among other staff
• other people cannot be recruited to do the work
• this type of flexible working will affect quality and performance
• the business will be unable to meet customer demand
• there is a lack of work to do during the proposed working times
• the business is planning changes to the workforce.

The employer will only usually have 3 months within which to inform the employee of their decision, although the employer may agree with the employee to a longer period.

 

Changes to the law affecting staggered hours

Under the Employment Relations (Flexible Working) Act 2023 which received Royal Assent in July 2023, employees will soon be able to able to make two requests for flexible working within any 12-month period, where employers must notify the employee of their decision within two rather than three months. Proposals for separate legislation, to be introduced alongside the 2023 Act and expected to come into force in the Spring or Summer of 2024, will also grant employees the right to request flexible working from day one of a new job.

Many reputable employers already accommodate non-statutory flexible working requests for those employees with less than 26 weeks’ service. However, under the new law, this will become mandatory, significantly extending the right to request flexible working. Under these legislative reforms, employers will still be able to refuse requests on the same basis as before, but they must deal with applications more quickly and efficiently.

The new law will also introduce a consultation requirement, where employers will be required to consult with employees as a means of exploring the available flexible working options, before refusing the employee’s request. This will be in addition to removing the existing requirement that, when making an application, employees explain what effect that the change applied for may have on the employer and how that effect might be dealt with.

A new Code of Practice on handling flexible working requests will be issued by Acas in due course to help provide guidance to both employers and employees on these changes.

 

How to deal with a request for staggered hours

Under the current rules, when a qualifying employee submits a statutory application to their employer to work staggered hours, or any other form of flexible working arrangement, the basic steps should be as follows:

• The employee writes to the employer requesting to start and finish work at different times, or to work flexibly in a way different to their normal working pattern, explaining any possible effects from the requested change and how these might be dealt with
• The employer considers the request and makes a decision within the statutory 3-month timeframe, unless an extended timeframe has been agreed with the employee
• If the employer agrees to the request, they must write to the employee with a statement of the agreed changes and a start date for the staggered hours, as well as changing the employee’s contract to include the new terms and conditions within 28 days of approval
• If the employer refuses the request, they must notify the employee in writing of their decision, clearly setting out the business reasons for the refusal.

As employers must deal with requests in a “reasonable manner”, they will need to carefully assess the pros and cons of the employee working staggered hours. There is currently no statutory right to discuss the matter with the employee prior to any refusal, nor to provide a right of appeal, but this is strongly advised to help demonstrate a reasonable approach.

In cases where the initial request to work staggered hours cannot be agreed between the parties, it is often possible to find a basis for compromise with the employee, where all other flexible working options should be fully explored before making any refusal decision.

Additionally, by following the guidance in the Acas Code of Practice on handling flexible working requests, employers can minimise their exposure to any risk of a tribunal complaint. Employers are not legally bound to follow this Code, although its guidance will be taken into account by an employment tribunal if the employee lodges a complaint for any unreasonable or mishandled refusal to grant their request to work staggered hours.

If the employer fails to deal with a request to work staggered hours either reasonably or at all, or to do so in time, this could result in a complaint being lodged before the employment tribunal. An employee cannot complain to a tribunal just because their flexible working request was rejected, but they can complain if the matter was mishandled or unreasonably refused, or not decided within the statutory or any additional agreed timeframe.

If a complaint in this context is upheld, the tribunal has the power to order the employer to reconsider their decision and to make an award of damages of up to 8 weeks’ pay.

Any failure on the part of the employer to deal with a request reasonably, and/or in a timely manner, could also result in serious damage to the working relationship, impacting employee engagement and even possibly resulting in the loss of a valuable member of staff.

 

Can you refuse a request to work staggered hours?

Employers are not obliged to agree to a request for flexible working. However they must consider all such requests reasonably.

When refusing a request, the employer should provide the employee with their reason(s) for refusal, which must be lawful.

 

Practical issues with staggered hours

When deciding a request for staggered hours, there are various common issues that will need to be avoided by the employer, not least the time taken to reach a decision.

By law, the employer is given 3 months within which to deal with a request for flexible working, although it is often best to decide the matter as soon as possible. Very often, employees will only makes these types of requests to meet an immediate and pressing need, such as accommodating a change in childcare arrangements or other commitments outside of work. By making the employee wait for 3 months, this is likely to seriously damage the working relationship, of itself, especially where the employer is unable to justify any delay.

Equally, however, the employer should not rush into a hasty decision, where careful consideration must be given to any approval or refusal of the request made. If the employer is looking to refuse the request to work staggered hours, they must have a good business reason to do so. If they are looking instead to approve the request, they must ensure that this can be adequately accommodated, without practical limitations, including any security concerns or restricted access to work-related information outside of core hours.

 

Alternative flexible working options

In addition to staggered hours, there are various other flexible working options potentially available to employees. Flexible working can refer to any type of working arrangement that provides some degree of flexibility in an employee’s normal working pattern, such as when and where they are required to work, as well their number of hours.

Common examples of flexible working, other than staggered hours, can include:

• Flexitime: where an employee is required to work within a specified core period, but can choose when to start and finish work within agreed limits
• Compressed hours: where employees work their usual full-time hours but in fewer days, such as where a 5-day week is compressed into a 4-day week
• Annualised hours: where an employee’s working hours are calculated as an annual total but there is some flexibility about when they work, usually with core hours
• Part-time hours: where an employee is contracted to work full-time hours but works reduced hours, usually by working fewer days or less hours per day
• Varied shift patterns: where an employee alters their normal shift pattern to work a different shift pattern, such as switching from morning to afternoon shifts
• Job-sharing: where a full-time position is split into two part-time roles, with each employee working at alternate times to share the total workload
• Hybrid-working: where an employee undertakes some of their duties and responsibilities from home, rather than from their normal place of work
• Home-working: where an employee undertakes all of their duties and responsibilities from home, rather than from their normal place of work.

Importantly, it is open to an employer to consider requests for flexible working from all members of staff, not just employees who have met the 26-week qualifying service requirement. By being open to requests where someone is looking to work different hours to those normally undertaken by that individual, this can help to retain valuable talent within a business. It can also help to significantly boost employee engagement.

 

Need assistance?

For specialist HR expertise and support on any aspect of workforce management – from implementing new forms of flexible working to changing employment contract terms- contact us.

 

Staggered hours FAQs

What is the meaning of staggered time?

Staggered time is where staff have different start, finish and break times from other workers in the business, still allowing them to complete a prescribed number of hours within their working day, but by starting and finishing earlier or later.

What is a staggered shift?

A staggered shift is where a business deliberately schedules teams of staff to start and end their shifts, and to take their breaks, at slightly different times, in this way providing full cover to meet the needs of the business.

What is a staggered schedule?

A staggered schedule is where an employee, or team of employees, start and finish their working day at different times to other employees or teams. This can be either to accommodate the needs of the business, its workers or both.

What does staggered entry time mean?

In the context of the workplace, staggered entry time refers to where some staff start and finish earlier than others, or start and finish later. This could be to provide cover for the business or to be flexible for staff.

Last updated: 20 November 2023