Trial Periods for Flexible Working: How They Work

Trial periods are a practical way to test flexible working arrangements before committing permanently. They reduce risk for employers and give employees a chance to see if the arrangement works.

What Is a Trial Period?

Definition

A trial period is a temporary flexible working arrangement with a fixed end date and formal review.

Purpose:

• Test whether the arrangement works practically
• Identify any issues
• Adjust before making permanent
• Reduce risk for both parties

Not a Legal Requirement

Employers don't have to offer trials. They can:

• Approve permanently immediately, OR
• Approve with a trial first, OR
• Refuse for valid business reasons

Trials are a middle ground between outright approval and refusal.

When Trials Make Sense

For Employers

Offer a trial when:

• Uncertain if arrangement will work practically
• Want to assess impact on team/customers
• Need evidence to make permanent decision
• Concerned about setting precedent
• Complex arrangement with unknowns

For Employees

Accept a trial when:

• Want to test if arrangement suits you
• Employer hesitant but willing to try
• Prefer trial to outright refusal
• Want option to revert if it doesn't work

When Trials Don't Make Sense

Skip trial if:

• Arrangement is clearly workable (e.g., simple WFH request for desk-based role)
• Other employees already do similar arrangement
• Short-term arrangement anyway
• Employee needs certainty (e.g., childcare commitments)

Setting Up a Trial Period

Step 1: Agree Trial Terms

Document in writing:

• What arrangement is being trialed
• Start date
• Trial length (typically 3-6 months)
• Review date
• Success criteria
• Notice period to revert
• What happens at review

Step 2: Define Success Criteria

Be specific about what "success" means:

Example criteria:

• Work quality maintained
• Deadlines consistently met
• Team communication effective
• Customer service unaffected
• No increase in errors/complaints
• Employee wellbeing improved
• Attendance maintained

Avoid vague criteria like "it works well."

Step 3: Set Review Process

Agree:

• When review will happen
• Who conducts it
• What evidence will be considered
• How decision will be made
• Timeline for outcome

Step 4: Clarify Reversion Rights

Key questions:

• Can either party end trial early?
• How much notice required?
• What happens to pay/contract during trial?
• Are there any "irreversible" elements?

Trial Period Agreement Template

Flexible Working Trial Agreement

Employee: [Name]
Trial arrangement: [Describe arrangement]
Trial period: [Start date] to [End date] (X months)

Success criteria:
1. [Specific criterion 1]
2. [Specific criterion 2]
3. [Specific criterion 3]

Review process:
- Formal review meeting: [Date]
- To be attended by: [Employee, Manager, HR]
- Evidence to review: [Performance metrics, feedback, issues log]

Reversion:
- Either party can request reversion during trial with [X weeks] notice
- At end of trial, arrangement will be:
  - Made permanent if successful
  - Reverted to original arrangement if unsuccessful
  - Extended if more time needed
  - Modified based on learnings

Contract status:
During trial, this is a temporary variation. Original contract terms remain unless trial is made permanent.

Agreed:
Employee signature: _________________ Date: _______
Manager signature: _________________ Date: _______

Typical Trial Lengths

3 Months

Suitable for:

• Simple arrangements (e.g., one WFH day/week)
• Roles where impact is quickly apparent
• When employee needs relative certainty

6 Months

Suitable for:

• Complex arrangements
• Roles with long project cycles
• Seasonal businesses (need to see busy and quiet periods)
• Job shares (need time to establish partnership)

12 Months

Rarely used but may be appropriate for:

• Highly complex arrangements
• Businesses with annual cycles
• Major role changes

Note: Long trials can feel like permanent limbo. Keep them as short as practical.

During the Trial

Regular Check-Ins

Don't wait until formal review.

Weekly or monthly informal check-ins:

• How is it going?
• Any issues arising?
• Anything that needs adjusting?
• Employee perspective
• Manager perspective

Benefits:

• Identify problems early
• Make small adjustments
• Build confidence it's working
• Avoid surprises at review

Track Evidence

Keep records of:

• Work outputs
• Performance metrics
• Customer feedback
• Team feedback
• Any issues or incidents
• Adjustments made
• Employee wellbeing

Evidence makes the review objective, not subjective.

Be Open to Adjustments

If minor issues arise:

• Adjust the arrangement (e.g., change the WFH day)
• Don't immediately declare trial failed
• Trial is for learning and refining

Example:

• Trial: WFH on Tuesdays
• Issue: Tuesday is team meeting day, WFH doesn't work well
• Adjustment: Change to Wednesday WFH
• Continue trial

The Review Meeting

Prepare for the Meeting

Employer should:

• Review evidence against criteria
• Gather feedback from team/customers
• Assess business impact
• Prepare decision recommendation

Employee should:

• Reflect on how it's working
• Note any benefits/challenges
• Prepare evidence of success
• Be ready to discuss adjustments

Conduct the Meeting

Structure:

1. Review criteria - go through each one
2. Assess evidence - has each been met?
3. Discuss challenges - what issues arose?
4. Consider adjustments - any changes needed?
5. Employee input - how has it felt?
6. Make recommendation - permanent, revert, extend, modify?

Tone: Collaborative, evidence-based, not adversarial.

Possible Outcomes

1. Make Permanent

• Trial successful against criteria
• Arrangement works for business and employee
• Becomes part of contract

2. Revert to Original

• Trial unsuccessful against criteria
• Business impact unacceptable
• Return to pre-trial arrangement

3. Extend Trial

• Need more time to assess
• Want to see different business period
• Some issues but improving

4. Modify and Make Permanent

• Overall successful but needs tweaks
• Make adjustments and make permanent

5. Modify and Extend Trial

• Make changes and reassess after further period

If Trial Succeeds

Making It Permanent

Steps:

1. Confirm decision in writing
2. Update employment contract (contract variation letter)
3. Update HR/payroll systems
4. Communicate to team
5. New arrangement becomes standard terms

Example letter:

"Following the successful trial of your flexible working arrangement, I'm pleased to confirm this will now be permanent. From [date], your contract terms are amended to reflect [new arrangement]. Updated contract attached."

If Trial Fails

Reverting to Original Arrangement

Must be handled carefully:

• Explain why trial unsuccessful (reference criteria)
• Give reasonable notice of reversion (per trial agreement)
• Return to original contract terms
• No penalty for employee (they tried in good faith)

Example letter:

"Following review of your flexible working trial, we've decided to revert to your original working arrangement from [date]. This decision is based on [specific criterion not met and evidence]. Your original contract terms (Mon-Fri, 9-5, office-based) will resume. Thank you for participating in the trial."

Employee Rights

If trial fails:

• Employee cannot claim flexible working refusal (trial was granted)
• Can make another flexible working request (within 2-per-year limit)
• Should not face detriment for trying

But: If trial fails due to employee not meeting reasonable expectations, normal performance management may apply.

Common Trial Scenarios

Scenario 1: WFH Trial

Arrangement: WFH 2 days/week (Tue, Thu) Trial: 3 months Criteria: Maintain response times, attend all video meetings, hit project deadlines Outcome: Successful, made permanent

Scenario 2: Part-Time Trial

Arrangement: Reduce to 4 days/week Trial: 6 months Criteria: Work redistributed successfully, no customer complaints, quality maintained Outcome: Some issues with workload, modified to 4.5 days and extended trial

Scenario 3: Compressed Hours Trial

Arrangement: 4 × 10-hour days Trial: 3 months Criteria: Employee sustains energy, maintains output, health unaffected Outcome: Employee found 10-hour days exhausting, reverted to 5-day week

Tips for Successful Trials

For Employees

Tip 1: Over-deliver during trial Show the arrangement works by exceeding expectations.

Tip 2: Communicate proactively Don't let issues fester. Raise problems and suggest solutions.

Tip 3: Be flexible If minor adjustments needed, accommodate them.

Tip 4: Document successes Keep evidence of work completed, feedback received, problems solved.

Tip 5: Be realistic If it's genuinely not working, be honest. Better to revert than struggle.

For Employers

Tip 1: Set clear, measurable criteria Avoid subjective criteria that lead to disputes.

Tip 2: Check in regularly Don't wait for formal review to identify issues.

Tip 3: Give it a fair chance Don't look for reasons to fail the trial. Approach with open mind.

Tip 4: Be objective Base decision on evidence, not assumptions or personal preference.

Tip 5: Allow adjustments Trial is for learning. Make reasonable tweaks to help it succeed.

Extending Trials

When to Extend

Valid reasons:

• Need to see different business cycle (e.g., busy season)
• Minor issues that are improving
• External factors affected trial (e.g., team member on sick leave)
• Want more data before decision

How to Extend

In writing:

• Reason for extension
• New end date
• Revised review date
• Same or updated criteria

Get employee agreement - they may want certainty rather than extension.

Trial Periods and Discrimination

Be Careful

If employee has protected characteristic:

• Ensure trial isn't a way to discriminate
• Don't apply harder criteria to certain groups
• Be consistent in offering trials

Example of discrimination risk: Offering trials to women requesting part-time but approving men's WFH requests without trial.

Key Takeaways

• Trial periods test arrangements before committing permanently
• Typical length: 3-6 months
• Set clear criteria for success at outset
• Regular check-ins during trial, not just final review
• Be open to adjustments - trial is for learning
• Four outcomes: permanent, revert, extend, or modify
• Document everything - evidence-based decisions
• Fair chance - don't set up to fail
• Reduces risk for both employer and employee

Trial periods are a sensible middle ground when there's genuine uncertainty about whether a flexible working arrangement will work. They give both parties confidence before making permanent changes.