What is Flexitime?
Flexitime (flexible working hours) is a work arrangement that allows employees to choose their own daily start and finish times within an established bandwidth (for example, between 07:00 and 19:00). Many arrangements also define "core hours" (such as 10:00 to 12:00 and 14:00 to 16:00) during which employee attendance or availability is mandatory.
Under the Employment Rights Act 1996 (as amended by the Employment Relations (Flexible Working) Act 2023), UK employees have a statutory right to request flexible working from Day 1 of employment, with flexitime being one of the most widely adopted models.
The Flexitime Account (Working Time Account)
Variations between actual hours worked and agreed contractual hours are logged in a flexitime or working time account.
Common organisational practices include:
- Bandwidth: The overall window during which working hours may be accumulated.
- Credit and Debit Limits: Cap limits defining the maximum number of surplus (credit) or deficit (debit) hours an employee may accrue.
- Settlement / Reference Periods: A defined timeframe (often monthly, quarterly, or over a 17-week reference period) within which hours must be balanced or carried over.
- Flexi-leave: The ability to take accrued surplus hours as paid time off in lieu (TOIL), subject to operational requirements.
UK Statutory Compliance & Working Time Regulations
When operating a flexitime scheme in the UK, employers must remain fully compliant with statutory workplace legislation:
- Working Time Regulations 1998 (WTR 1998): Flexitime must operate within statutory safety limits. Employees cannot exceed the 48-hour average weekly limit over the standard 17-week reference period unless they have executed an individual opt-out agreement under Regulation 5.
- Mandatory Rest Breaks & Daily Rest: Employees must receive an uninterrupted rest break of at least 20 minutes if the working day exceeds 6 hours (Regulation 12), a minimum of 11 consecutive hours of daily rest between shifts (Regulation 10), and at least 24 uninterrupted hours of weekly rest in every 7-day period (Regulation 11).
- National Minimum Wage Compliance: Accurate time recording is essential under the National Minimum Wage Act 1998 to ensure that deficit or credited working hours do not cause an employee's effective hourly rate to fall below the statutory National Minimum Wage / National Living Wage rate.
- Employee Consultation & Trade Unions: Where applicable, the introduction or substantial alteration of working time patterns is subject to consultation under the Information and Consultation of Employees (ICE) Regulations 2004 or relevant trade union recognition and collective bargaining agreements.
- Data Protection & Monitoring: When recording flexitime through digital or automated time tracking software, employers must ensure transparency and compliance with the UK GDPR and the Data Protection Act 2018 in accordance with ICO employment practices guidance.
- Updated on