Trial Periods for Flexible Working: Employer's Guide

Trial periods are a practical way to test flexible working arrangements without permanent commitment. Here's how to use them effectively.

What Is a Trial Period?

A trial period is a temporary arrangement where:

• Employee works the requested flexible pattern
• You assess whether it works in practice
• Clear review criteria are set at the outset
• Either party can end it and revert to original terms
• Decision about permanent change comes after the trial

Key point: Trial periods aren't mandatory. They're a tool to help both parties assess whether the arrangement works.

The Legal Position

Trial periods don't appear in the flexible working legislation, but they're:

• Recognised by ACAS as good practice
• Commonly used by employers
• Usually welcomed by employees
• Effective in reducing disputes

You can't:

• Require a trial period as a condition of agreeing
• Use it to delay making a decision beyond 2 months
• End a trial without proper review
• Refuse to make it permanent without valid reasons

You can:

• Propose a trial period as an alternative to outright refusal
• Agree trial terms with the employee
• Assess the arrangement objectively during the trial
• Make the arrangement permanent if successful
• Revert to original terms if unsuccessful (with proper evidence)

Why Use Trial Periods?

Benefits for Employers

• Reduces risk - Test before permanent commitment
• Identifies problems early - Issues emerge in practice
• Demonstrates good faith - Shows willingness to try
• Builds evidence - Data to support decision either way
• Avoids tribunal claims - Hard to claim you didn't consider properly

Benefits for Employees

• Gets foot in door - Better than outright refusal
• Tests arrangement - They might find it doesn't work either
• Shows arrangement works - Builds evidence for permanent change
• Reduces pressure - Knowing they can revert if needed
• Keeps options open - Can make different request if this doesn't work

When Trial Periods Work Best

Trial periods are particularly useful when:

• You're genuinely unsure if it will work
• The arrangement is complex (job share, significant hour changes)
• The role is business-critical with coverage concerns
• It's the first time trying this arrangement
• The employee is also uncertain
• There are concerns about team impact
• You need to test remote working effectiveness

When You Might Not Need a Trial

• Simple hour shifts (starting 30 minutes later)
• Similar arrangements already work in the team
• Role clearly accommodates the change
• Short-term temporary arrangement requested

Setting Up a Trial Period

Step 1: Propose the Trial

During your consultation meeting:

"I'd like to agree to your request, but I have some concerns about [specific issue]. Would you be willing to try this on a trial basis so we can assess whether it works in practice?"

Most employees will agree, as it's better than refusal.

Step 2: Agree the Terms

Document in writing:

Length

• Typically 3-6 months
• Long enough to properly assess
• Short enough to make a decision
• Captures busy/quiet periods if relevant

Start Date

• When the new pattern begins
• Any notice period before starting
• Transition arrangements

The Arrangement

• Specific hours/days/location agreed
• Any variations (e.g., must attend Tuesday meetings)
• What's changing and what's staying the same

Review Criteria

This is critical. Specify what you'll assess:

• Work quality and output
• Meeting of deadlines
• Team impact
• Customer service levels
• Coverage adequacy
• Communication effectiveness
• Any specific concerns you identified

Review Process

• When you'll formally review
• Who will conduct the review
• How you'll gather evidence
• Opportunity for employee input

Reverting Rights

• Right to return to previous pattern
• Notice period for reverting
• Process if either party wants to end trial early

Step 3: Document the Agreement

Put it in writing:

Trial Period Agreement

Employee: [Name]
Current pattern: [e.g., Full-time, Monday-Friday, 9am-5pm, office-based]
Trial pattern: [e.g., Part-time, Monday-Thursday, 9am-5pm, office-based]
Trial period: [Start date] to [End date] (3 months)

Review criteria:
- All projects delivered to deadline
- Client satisfaction maintained
- Team cover arrangements working
- Communication with colleagues effective

Review meetings: Week 6 (informal check-in), Week 12 (formal review)

If trial successful: Arrangement becomes permanent from [date]
If trial unsuccessful: Revert to [previous pattern] with [notice period]

Signed: _________________________ Date: _________
Employee

Signed: _________________________ Date: _________
Manager

During the Trial Period

Regular Check-Ins

Don't wait until the end. Schedule:

• Week 2-3: Quick check-in - early issues emerging?
• Week 6: Mid-point review - how is it going?
• Week 11: Final review preparation
• Week 12: Formal review meeting

Gather Evidence

Track objective data against your criteria:

Criterion	How to Measure
Work quality	Output samples, error rates, feedback
Deadlines	Project completion data, late deliveries
Team impact	Colleague feedback, coverage issues logged
Customer service	Complaints, satisfaction scores, response times
Communication	Email responsiveness, meeting attendance
Coverage	Gaps in service, escalations needed

Be objective. Don't rely on gut feel or assumptions.

Address Issues Early

If problems emerge:

1. Identify specifically what's not working
2. Discuss with employee - Is it fixable?
3. Try adjustments - Can modifications help?
4. Document - What you've tried to resolve issues

Example: If Tuesday meetings are consistently missed, could the employee work Tuesdays instead of Fridays?

Employee Performance During Trial

Don't:

• Hold the employee to higher standards than before
• Attribute unrelated issues to the flexible working
• Expect perfection during adjustment period
• Compare unfairly to full-time colleagues

Do:

• Apply same performance standards as previously
• Allow reasonable adjustment period
• Distinguish between arrangement issues and performance issues
• Assess objectively against agreed criteria

The Review Meeting

Prepare for the Review

Gather:

• Evidence against each criterion
• Examples (positive and negative)
• Feedback from relevant colleagues/clients
• Employee's own assessment

Consider:

• Has the arrangement worked overall?
• Have concerns been addressed?
• Were there unexpected benefits?
• Could modifications improve it?
• What would happen if we made it permanent?

Hold the Meeting

Structure:

1. Review the trial period

   • Recap the arrangement and criteria
   • Invite employee's perspective first
   • Share your assessment

2. Discuss the evidence

   • Be specific about what worked/didn't work
   • Use objective examples
   • Listen to employee's explanations

3. Consider modifications

   • Could different days work better?
   • Would adjusted hours help?
   • Is there a middle ground?

4. Make a recommendation

   • Make it permanent (as is or modified)
   • Extend the trial (if needed, with agreement)
   • End the trial and revert

Three Possible Outcomes

Outcome 1: Make It Permanent

The arrangement has worked well.

Confirm in writing:

• The flexible working arrangement is now permanent
• The specific pattern agreed
• Contract variation (send amended contract terms)
• Start date of permanent arrangement
• That it's a permanent change (not temporary)

Note: Once permanent, you can't unilaterally change it back. It's a contract variation.

Outcome 2: Make It Permanent with Modifications

The arrangement mostly worked but needs tweaking.

With employee's agreement:

• Specify the modified arrangement
• Explain why modifications are needed
• Confirm they agree to the changes
• Put it in writing
• Update contract

Without employee's agreement:

• Treat as a new flexible working request
• Follow full process
• Or revert to original terms

Outcome 3: Revert to Original Pattern

The arrangement hasn't worked.

You must show:

• Evidence it didn't meet agreed criteria
• Reference to specific examples
• What you tried to fix issues
• Why one of the 8 grounds for refusal applies

Be careful: You can't just say "the trial didn't work." You need to show it failed against the criteria and which statutory ground applies.

Outcome 4: Extend the Trial

You need more time to assess.

Only appropriate if:

• Circumstances meant proper assessment wasn't possible (e.g., employee was sick)
• Issue identified late in trial that you want to address
• Employee agrees to extension

Don't use extensions to:

• Delay making a decision
• Avoid committing
• Extend beyond what's reasonable

When the Trial Doesn't Work

Building Your Case

To revert to original terms, you need:

Evidence the arrangement failed:

• Specific examples of issues
• How they relate to the 8 statutory grounds
• What impact they had on the business
• Why modifications wouldn't resolve them

Example - Good: "During the 3-month trial, we logged 15 occasions when urgent client requests came in on Fridays (your non-working day). On 8 occasions, this resulted in complaints because colleagues lacked the technical knowledge to assist. This demonstrates a detrimental effect on ability to meet customer demand (statutory ground 2)."

Example - Poor: "It just didn't feel right. The team seemed stretched."

Communicating the Decision

Be clear and evidence-based:

Following our review meeting on [date], I have decided that we cannot
continue the flexible working arrangement and you will revert to
[previous pattern] from [date].

This decision is based on [statutory ground], specifically:

[Evidence-based explanation of why the ground applies, referencing
specific examples from the trial period]

During the trial period, we identified the following issues:
- [Specific issue 1 with example]
- [Specific issue 2 with example]
- [Specific issue 3 with example]

We attempted to resolve these by [actions taken], however [why they
didn't work].

You have the right to appeal this decision...

Handling Appeals

Offer an appeal process:

• Different manager hears appeal if possible
• Employee can state their case
• Review the evidence fresh
• Consider any new information
• Confirm or overturn decision

Different Arrangements, Different Trials

Part-Time Working

Trial length: 3-6 months

Review criteria:

• Workload manageable in reduced hours
• Handovers working effectively
• Client/customer needs met
• Cover arrangements adequate

Common issues:

• Work still at full-time levels
• Meetings on non-working days
• Emails/calls on days off

Working From Home / Hybrid

Trial length: 3 months

Review criteria:

• Communication maintained
• Productivity unchanged
• Team collaboration unaffected
• Technology working
• Home setup suitable

Common issues:

• Feeling isolated
• Communication gaps
• Tech problems
• Boundary challenges

Compressed Hours

Trial length: 3 months

Review criteria:

• Able to work longer days sustainably
• Work quality maintained
• Coverage adequate on non-working day
• Health and wellbeing okay

Common issues:

• Fatigue on long days
• Gaps in service on off day
• Difficulty maintaining focus

Job Share

Trial length: 6 months (longer because it's complex)

Review criteria:

• Handovers working smoothly
• Continuity maintained
• Both job sharers performing
• Clients adapting well
• Cost neutral or justified

Common issues:

• Communication between sharers
• Consistency of approach
• Client confusion
• Both off at same time

Shifted Hours

Trial length: 2-3 months

Review criteria:

• Coverage during previous hours adequate
• Employee available for key activities
• Team coordination maintained

Common issues:

• Missing key meetings
• Coordination challenges
• Customer impact

Tips for Successful Trials

1. Set Clear Expectations

Be specific about:

• What you're assessing
• How you'll measure it
• What success looks like
• What would be a deal-breaker

2. Support the Employee

During the trial:

• Check in regularly
• Address issues promptly
• Provide necessary equipment/resources
• Allow adjustment time

3. Be Fair

• Apply same standards as before
• Don't look for problems
• Give genuine chance to succeed
• Compare like with like

4. Communicate

With the team:

• Explain the trial arrangement
• How it affects them
• Their role in making it work
• That it's being assessed

5. Document Everything

Keep records of:

• Initial agreement
• Check-in notes
• Issues that arose
• How they were addressed
• Evidence against criteria
• Review meeting notes
• Final decision

6. Be Objective

Base decisions on:

• Evidence, not feelings
• Facts, not assumptions
• Actual impact, not predicted impact
• Business needs, not preferences

Common Mistakes

1. Using Trials to Delay

Wrong: Proposing a trial when you've already decided no

Right: Using trials when genuinely uncertain

2. Not Setting Criteria

Wrong: "We'll see how it goes"

Right: Specific, measurable criteria agreed upfront

3. Not Reviewing Properly

Wrong: Making a gut-feel decision at the end

Right: Assessing against agreed criteria with evidence

4. Unfair Comparisons

Wrong: "Other full-time staff produced more"

Right: "Did the employee meet the same standards pro-rata?"

5. Ignoring Discrimination Risk

Wrong: Refusing to make it permanent without proper justification

Right: Applying objective criteria and considering discrimination implications

6. Not Addressing Issues Early

Wrong: Waiting until final review to raise problems

Right: Discussing and trying to resolve issues during trial

After the Trial

If Made Permanent

• Update employment contract
• Amend relevant systems (payroll, HR, etc.)
• Inform relevant people (team, clients, etc.)
• Review after 6-12 months
• Remember it can only be changed with agreement or dismissal/re-engagement

If Reverted

• Confirm reversion in writing
• Notice period before reverting
• Support employee's adjustment back
• Leave door open for alternative requests
• Document reasons thoroughly (in case of claim)

Learning Points

Whether successful or not:

• What did you learn?
• Would you approach similar requests differently?
• What criteria worked well?
• What would you change next time?
• Are there policy implications?

Discrimination and Trial Periods

Don't

• Only offer trials to certain groups (e.g., only mothers)
• Set harder criteria for protected groups
• Be more strict in assessment for certain people
• Assume certain people's trials won't work

Do

• Offer trials consistently where genuinely unsure
• Apply same criteria and process to all
• Assess objectively
• Consider whether your decision has disparate impact

Best Practice

1. Use trials appropriately - When genuinely uncertain, not to delay
2. Set clear criteria - Specific, measurable, agreed upfront
3. Document thoroughly - Agreement, evidence, reviews, decision
4. Check in regularly - Don't wait until the end
5. Be objective - Evidence-based decisions
6. Support success - Give it genuine chance to work
7. Act fairly - Same standards, no discrimination
8. Communicate well - Employee, team, stakeholders
9. Learn from them - Apply lessons to future requests
10. Make timely decisions - Don't let trials drift

Sources

• ACAS Guidance on Flexible Working
• Employment Rights Act 1996 (as amended)
• Equality Act 2010
• CIPD Guidance on Flexible Working Trials