Flexitime policy

If you want to put in place a flexitime working arrangement which allows staff to choose when they start and finish work each day, provided they work during specified core times, you can use our policy.

What is flexitime?

Flexitime is a form of flexible working that enables employees to vary their contractual normal working hours. Under a typical flexitime arrangement, there will be core hours set during which the employee must work, but subject to those they can start and finish work at times they choose (although you must still ensure you comply with the Working Time Regulations 1998 relating to rest breaks, daily and weekly rest periods and maximum weekly working hours). Our Flexitime Clause is for insertion into employment contracts, and it contains contractual flexitime working arrangements agreed with individual employees under which they can, for example, work longer hours on some days in return for working shorter hours on other days and carry over working hours from one week/month to the next. If, however, you want a flexitime system that’s a bit more restrictive for the employee, isn’t contractual and doesn’t change their normal working hours as set out in their employment contract, you can use our Flexitime Policy.

Policy operation

Our policy is drafted on the basis that employees choose when to start and finish work, provided they work during core times each day, work their contracted number of daily and weekly hours, make themselves available to meet the demands of their role and the needs of the business and keep a record of hours worked. However, they cannot carry over working hours to subsequent days. Our policy makes clear that a flexitime working arrangement first requires the employee to obtain the prior approval of their line manager, and this will only be granted where it can be operationally justified and certain criteria are met. We’ve also included optional provision for a trial period of the arrangement. If the employee wants to make a permanent change to their contractual normal working hours, they’re advised in our policy to make a formal statutory flexible working application – see our Flexible Working Policy.

Flexitime working criteria

Even if a role is suitable for flexitime, it doesn’t mean the employee will be granted it. In addition to considering operational business needs, we’ve provided for the line manager to consider whether the employee holds the right personal qualities and skills for flexitime, and set out some non-exhaustive criteria here.

No contractual force

Setting out the arrangement in a non-contractual policy rather than in a contractual clause means you have greater discretion to amend the terms of the policy without seeking employee consent. Be aware though of the possibility that, over time, the policy may become contractual through custom and practice, even though it’s expressly stated to have non-contractual status.