Staggered hours allow employees to start and finish work at different times while maintaining their contracted hours. As a flexible working arrangement, it can help businesses extend operational coverage, ease congestion in the workplace, and support staff with personal commitments. Employers may introduce staggered hours across the workforce or consider them on an individual basis through a flexible working request.
One of the main benefits is improved efficiency, particularly in customer-facing roles or businesses operating across multiple time zones. It can also help with workplace health and safety by reducing peak-time crowding in shared spaces. Employees often appreciate greater control over their working hours, which can enhance job satisfaction and retention.
There are also challenges to consider. Coordination between employees may become more difficult if team members work different schedules, potentially affecting communication and collaboration. Employers must ensure that essential business functions remain covered and that productivity is not affected. Tracking attendance and managing payroll may require adjustments, particularly if shifts vary significantly.
Requests for staggered hours must be handled fairly and in line with the Employment Relations (Flexible Working) Act 2023, which allows employees to request flexible working from day one of employment. Employers should assess each request carefully to balance business needs with employee well-being.
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.
Right to request staggered hours
Unless staggered hours are agreed as part of an individual’s normal working conditions from the outset, employees do not have an automatic right to work staggered hours. Likewise, employees do not have a general right to work different hours from their contractual working pattern. However, under the UK’s flexible working laws, employees can make a formal request to change their working hours, including a request to work staggered hours, by making a statutory flexible working request.
Under the new Employment Relations (Flexible Working) Act 2023, which came into effect in April 2024, all employees now have the right to request flexible working from day one of employment. Previously, employees needed 26 weeks of continuous service before making a request, but this requirement has been removed. Employees are also allowed to make two statutory flexible working requests per year, rather than one.
Employers are required to consider all requests in a reasonable manner and must provide a decision within two months (previously three months), unless an extension is agreed with the employee. A request may only be refused if there is a valid business reason, such as:
- Additional costs that would have a significant impact on the business
- Inability to reorganise work among existing staff
- Difficulty in recruiting additional staff to cover the hours
- A negative effect on quality or performance
- Difficulty in meeting customer demand
- Insufficient work available during the requested hours
- Planned structural changes that would be impacted by the new arrangement
Although employees have the right to request staggered hours, employers are not legally required to approve such requests if there is a valid reason for refusal. However, rejecting requests without fair consideration or failing to follow the correct process could lead to employee grievances or potential employment tribunal claims.
Employers should review their flexible working policies to ensure compliance with the new law and consider how staggered hours could benefit productivity, staff retention, and employee well-being.
How to deal with a request for staggered hours
When a qualifying employee submits a statutory request to work staggered hours, employers must follow a reasonable and structured process to ensure compliance with UK employment law. The key steps are:
Step 1: The employee submits a formal request
The request must be in writing and include details of the proposed staggered hours, how the change may impact the business, and any possible solutions to manage those effects.
Step 2: The employer considers the request fairly
Employers must review the request carefully and respond within two months (previously three months), unless an extension is agreed. A discussion with the employee is now encouraged before any decision is made, helping to assess feasibility and alternatives.
Step 3: The employer issues a decision in writing
If the request is approved, the employer must confirm the agreed changes in writing, including a start date. The employment contract must be updated within 28 days.
If the request is refused, the employer must provide valid business reasons for the refusal. Employers are no longer legally required to offer an appeal, but doing so is strongly advised to demonstrate fairness.
Employers must handle requests in a reasonable manner. Failure to do so, or not responding within two months, could lead to an employment tribunal claim. Employees cannot bring a claim simply because their request was rejected, but they can challenge a decision if:
- The request was not properly considered
- The employer failed to provide a valid reason for refusal
- The request was not dealt with within the required timeframe
If a tribunal upholds a complaint, it can order the employer to reconsider the request and award up to 8 weeks’ pay in compensation.
Following the Acas Code of Practice on handling flexible working requests is strongly advised, as failure to do so could be considered in any tribunal claim.
Next steps if staggered hours are approved
When an employer agrees to a request for staggered hours, several steps must be taken to ensure a smooth transition for both the employee and the business. It is important to formalise the arrangement correctly, maintain clear communication, and monitor how the new schedule affects operations.
A written confirmation should be provided to the employee, outlining the agreed changes, including the new start and finish times, any core working hours that must be observed, and the date from which the new arrangement will take effect. It is also necessary to update the employee’s contract to reflect the revised terms. Employment law requires contractual changes to be confirmed in writing within 28 days of the change taking effect.
Adjustments may be needed to ensure that the new working pattern does not disrupt business operations. Employers should assess whether other staff need to be informed, particularly those who work closely with the individual concerned. If staggered hours affect team coordination, shift handovers, or customer service availability, measures should be put in place to maintain efficiency.
Regular reviews should be scheduled to assess how well the arrangement is working for both the employee and the organisation. Feedback from colleagues and managers can help determine whether any further adjustments are needed. Employers should also remain open to discussing future modifications if business needs change.
By handling the process effectively, businesses can support flexible working while ensuring that productivity and operational requirements continue to be met.
Can you refuse a request to work staggered hours?
Employers are not legally required to approve a request for staggered hours or any other form of flexible working. However, under the Employment Relations (Flexible Working) Act 2023, which came into effect in April 2024, all employees now have the right to request flexible working from day one of employment. Employers must handle all requests in a reasonable manner and respond within two months of receiving a request, unless an extension is agreed with the employee.
When refusing a request, employers must provide a valid business reason for the decision. The law outlines specific justifiable reasons for rejecting a flexible working request, including:
- Additional costs that would negatively impact the business
- Inability to reorganise work among existing staff
- Difficulty recruiting additional staff
- A negative effect on quality or performance
- Difficulty meeting customer demand
- Insufficient work available during the requested hours
- Planned structural changes that would be affected by the new working arrangement
Employers are now encouraged to discuss the request with the employee before making a final decision. While there is no legal obligation to offer an appeal, doing so is strongly advised to demonstrate fairness and minimise the risk of workplace disputes or tribunal claims.
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:
Flexible Working Type | Description |
---|---|
Flexitime | The employee must work within a specified core period, but can choose when to start and finish work within agreed limits. This allows flexibility in daily working hours. |
Compressed Hours | The employee works their usual full-time hours but over fewer days. For example, a five-day working week could be compressed into four longer days. |
Annualised Hours | The employee’s total working hours are calculated annually, rather than weekly or monthly. They may have core hours they must work, but with some flexibility on when to complete the remaining hours. |
Part-Time Hours | The employee works fewer hours than a full-time role. This could mean shorter working days or fewer working days per week, based on a reduced contract. |
Varied Shift Patterns | The employee adjusts their normal shift schedule to a different pattern, such as switching from morning to afternoon shifts or adopting rotational shifts. |
Job-Sharing | Two employees share one full-time job, each working part-time hours to split responsibilities and workload. The arrangement is agreed between the employer and employees. |
Hybrid Working | The employee splits their working time between their usual workplace (such as an office) and another location, often their home. This arrangement offers greater flexibility while maintaining in-person collaboration. |
Home Working | The employee works exclusively from home, completing all duties and responsibilities remotely instead of attending a physical workplace. |
Staggered Hours | The employee has different start and finish times from their colleagues but still works their contracted hours. This is often used to ease congestion at workplaces or accommodate personal commitments. |
Term-Time Working | The employee only works during school terms, with leave taken during school holidays. This arrangement is often used by parents or carers. |
Phased Retirement | The employee gradually reduces working hours or responsibilities as they approach retirement, rather than stopping work entirely. |
Self-Rostering | The employee chooses their shifts from a schedule set by the employer, ensuring coverage while offering maximum flexibility for workers. |
Differences between staggered hours and compressed hours
Staggered hours and compressed hours are not the same, though both are types of flexible working arrangements.
Staggered involve employees having different start, break, and finish times from their colleagues. This means they may begin and end their working day at different times while still completing their contracted hours. Staggered hours are often used to reduce congestion in the workplace or accommodate personal commitments.
Compressed hours mean employees work their full contracted hours over fewer days. For example, instead of working five eight-hour days, an employee might work four ten-hour days. This allows for longer working hours on some days in exchange for additional days off.
Both arrangements offer flexibility, but staggered hours focus on varying start and end times within standard working patterns, while compressed hours concentrate on reducing the number of working days by increasing daily hours.
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Staggered hours FAQs
What are staggered hours?
Staggered hours allow employees to start and finish work at different times from their colleagues while maintaining their contracted hours. This arrangement helps businesses extend operational coverage and improve flexibility.
Do employees have a legal right to work staggered hours?
Employees do not have an automatic right to work staggered hours. However, under the Employment Relations (Flexible Working) Act 2023, all employees have the right to request flexible working, including staggered hours, from day one of employment. Employers must consider requests reasonably and respond within two months.
Can an employer refuse a request for staggered hours?
Employers can refuse a request if there is a valid business reason. Acceptable grounds for refusal include additional costs, difficulties in maintaining business operations, reduced efficiency, or an inability to provide sufficient cover during peak hours. The decision must be explained in writing.
What happens if a request for staggered hours is approved?
Employers must confirm the new working arrangement in writing and update the employee’s contract within 28 days. Consideration should also be given to any operational adjustments required to accommodate the change.
Can a business introduce staggered hours for all employees?
Employers can implement staggered hours across the workforce if it benefits business operations. Any changes to contracted working hours should be discussed with employees and formalised appropriately.
How can employers ensure staggered hours work effectively?
Clear communication, structured team coordination, and regular reviews of the arrangement can help ensure staggered hours benefit both the business and employees. Employers should monitor productivity and address any issues that arise.
Do staggered hours affect pay or benefits?
Staggered hours do not impact pay or benefits as long as employees continue to work their contracted hours. If changes affect overtime, shift allowances, or other entitlements, these should be reviewed and agreed upon with employees.
Can an employee appeal a refusal for staggered hours?
There is no legal obligation for employers to offer an appeal, but it is considered good practice. Allowing an appeal demonstrates fairness and can help prevent workplace disputes.
What risks do employers face if they mishandle a request?
Failing to handle a request fairly or not responding within the legal timeframe could lead to an employment tribunal claim. Employees cannot challenge a refusal outright but may take legal action if the request was not properly considered or if no valid reason was provided.
How often can an employee request staggered hours?
Employees can submit two flexible working requests per year, and each request must be reviewed independently. Employers should ensure they follow the correct procedure for every request.
Glossary
Term | Definition |
---|---|
Staggered Hours | A working arrangement where employees start and finish at different times from their colleagues while maintaining their contracted hours. |
Flexible Working | Any agreed change to working patterns that allows employees to adjust when, where, or how they work. Staggered hours are one form of flexible working. |
Employment Relations (Flexible Working) Act 2023 | A UK law that allows employees to request flexible working, including staggered hours, from the first day of employment. |
Statutory Request | A formal application made by an employee to change their working pattern under the legal right to request flexible working. |
Contractual Hours | The agreed number of working hours stated in an employee’s contract. Staggered hours do not reduce total working hours but change when they are worked. |
Business Reason for Refusal | A legally acceptable reason for rejecting a flexible working request, such as increased costs, operational disruption, or difficulty meeting customer demand. |
Acas Code of Practice | Official guidance from the Advisory, Conciliation and Arbitration Service (Acas) on handling flexible working requests fairly and lawfully. |
Two-Month Decision Period | The maximum time an employer has to respond to a flexible working request, following legal changes in April 2024. |
Appeal Process | An optional but recommended step allowing employees to challenge the refusal of a flexible working request. |
Contract Variation | A formal change to an employee’s contract to reflect new working hours, which must be provided in writing within 28 days of approval. |
Trial Period | A temporary adjustment to working hours to assess whether staggered hours are viable for the employee and employer before making a permanent change. |
Operational Coverage | The ability of a business to maintain sufficient staff availability during key hours while allowing flexibility in start and finish times. |
Workforce Scheduling | The process of organising employees’ working hours to ensure business needs are met while accommodating staggered work patterns. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/