Goodbye Presenteeism: Why Trust and Flexibility Are Now Essentials for UK SMEs
- kate@thehrhero.co.uk
- 4 days ago
- 10 min read
Flexible working is no longer a fringe benefit; it’s a business necessity. In the UK today, employees expect autonomy and balance; they won’t settle for rigid hours just to prove dedication. The old culture of presenteeism, where clocking the longest hours is the badge of honour, is on the wane. Many small businesses have learned (especially during and after the pandemic) that teams often meet targets without anyone policing their hours. Productivity usually follows results, not seat-time. If your business still prizes being seen over being productive, now is the time for a mindset shift.
Key takeaway: Ditch the notion that long hours equal commitment. A trust-first approach boosts morale, retention and efficiency. This article explains the latest UK flexible working laws and offers practical HR tips so you can move away from presenteeism without risking compliance.
What is Presenteeism (and Why It’s Outdated)
Presenteeism is the idea that simply being in the office, especially first in, last out, equals higher commitment. It’s an outdated mindset. Staying late doesn’t guarantee better work, and busier days often reflect stress, not success. Many founders who have seen teams transition to remote work know that productivity often increases when people are given flexibility. Surveys confirm that hybrid teams report higher engagement and output, not less. Clinging to time-based measures risks burnout and resentment.
Key takeaway: Don’t mistake hours logged for hours worked. Focus on output and trust your staff to manage their time. If you’re pushing everyone into the office “just in case,” remember: flexible hours reflect respect and responsibility. Giving your team control over their schedule can improve their wellbeing and your bottom line. The CIPD estimate 4 million UK employees have changed careers due to a lack of flexibility at work
UK Legislation Updates: Flexible Working Rules
The law on flexible working changed in April 2024. Previously, only employees with at least 26 weeks’ service could make a formal request, and they were limited to one request per year. That has changed completely. Now, every UK employee can request flexible working from the first day of a job( CIPD https://www.cipd.org/en/views-and-insights/flex-from-1st/), and employers must respond within two months (down from three). Staff can even submit two requests per year instead of one, and they no longer need to explain the potential business impact of their request.
These updates are a clear signal: flexible working is an employee right, not a favour. Small businesses should treat this as a call to action. Review and update your policies now, before an on-the-spot request catches you unprepared. A written flexible-working policy will help: spell out how to apply (days, hours or location), set fair decision criteria, and note statutory deadlines and appeal rights. ACAS guidance reminds employers to handle every request “reasonably” ,for example, by discussing alternative arrangements and offering an appeal process.https://www.acas.org.uk/statutory-flexible-working-requests/the-right-to-request Statutory flexible working requests, ACAS https://www.acas.org.uk/statutory-flexible-working-requests/the-right-to-request.
Ignoring or mishandling a request could lead to grievances or a tribunal claim, so it pays to embed compliance into your HR processes immediately.
The Business Case for Trust and Flexibility
Flexible working isn’t just about avoiding legal trouble, it’s good for growth. Happy, well-rested employees make fewer mistakes and are more creative in solving problems, which is vital for small businesses with limited resources. For example, a recent CIPD report found that 4 million UK employees have changed jobs or careers in recent years because their old roles weren’t flexible enough. That’s 4 million people quitting rigid jobs in search of companies that trust them. By offering flexibility, small businesses can attract and retain more of these talented people.
Trusted staff are also more productive. In one study, employees without any flexibility were twice as likely to be dissatisfied with their job as those with options. Conversely, workers with control over their schedules take fewer sick days and stay longer with their employer, saving your business the cost and disruption of churn. Surveys show most employees benefit too: 80% report that flexible working has a positive impact on their quality of life, and 41% say it boosts their productivity. Flexible and hybrid working practices in 2025 CIPD https://www.cipd.org/en/knowledge/reports/flexible-hybrid-working/
Flexible cultures also spur innovation and inclusion. A wider pool of talent becomes possible: parents, carers, people with disabilities or those living farther away can be part of your team. Employers who embrace flexibility tend to see improved engagement and loyalty and diversify their workforce as a result. In short, measuring success by achievements rather than hours gives your business a happier, more productive workforce, an essential asset for growth. Aligning your people strategy with flexibility isn’t just humane, it’s good business sense. Happy employees are cheaper to keep than new hires, and your business becomes a magnet for talent when word spreads that you care about work-life balance.
Legal Risks of Ignoring Flexibility: Tribunal Case Studies
Treating flexible-working requests as a perk is risky. Recent tribunal rulings highlight the steep costs of inflexibility. For example, estate agent Alice Thompson was awarded £185,000 after her employer refused her request to work one hour less per day for childcare. A tribunal found this refusal amounted to indirect sex discrimination. This shows how a strict “9-to-6 for everyone” mindset can legally disadvantage working mothers. https://www.penningtonslaw.com/news-publications/latest-news/2021/woman-wins-six-figure-compensation-award-for-sex-discrimination-after-employer-refuses-flexible-working-request
Another case involved Michael Barbrook, a college lecturer sacked after his school refused to adjust his hours. The tribunal awarded him over £53,000 because the college failed to follow fair procedure and essentially punished him for not sticking to a rigid schedule. The judge criticised the college’s management, showing that even schools can face big costs if they suddenly crack down on flexibility. https://feweek.co.uk/lecturer-wins-over-50k-from-large-college-group-for-unfair-dismissal/
Even if you eventually say “yes,” it might not save you. In Glover v Lacoste (2023), a fashion retailer initially rejected a new mother’s flexible-working appeal and only later agreed to a part-time trial. The Employment Appeal Tribunal ruled that simply rejecting her request was a discriminatory act, even though she never had to work under the unwanted schedule. In other words, you can’t “fix it later.” The legal risks are real: hasty or unfair decisions on flexible working can lead to expensive claims. For a small business, a single tribunal claim can be a major setback. https://www.bdbf.co.uk/requirement-to-work-a-potentially-discriminatory-working-pattern-applied-to-the-employee-once-flexible-working-appeal-was-rejected/
Building a Culture of Trust: Focus on Output
Cultivating trust starts at the top. If managers expect everyone “at their desk” all day, they’ll see only typing and missed family time. Instead, successful leaders set clear objectives and measure success by outcomes. If you reward presence, you’ll get employees looking busy; if you reward performance, you’ll get real work done. Encourage managers to ask, “What did you achieve this week?” rather than “What time did you clock in?”
Trusting your team usually means fewer fires to put out. When staff aren’t pressured to constantly prove they’re working, they feel empowered to innovate and solve problems independently. Conversely, a culture of clock-watching breeds fear and stress. Studies show that monitoring software and strict on-call requirements can increase burnout and mental-health issues among employees. By contrast, businesses that shift to an outcome-focused approach often see the opposite: better wellbeing and stronger performance.
To foster trust in practice, try these ideas: -
Open communication: Hold brief weekly meetings or use shared tools (task lists, dashboards) so everyone knows priorities without micromanagement.
Empower autonomy: For example, let a developer choose two days to work remotely as long as deliverables are met. Or allow an administrator to split her day around school runs, if tasks are completed.
Set clear expectations: Define targets in project briefs and reviews and then step back. If a marketing team agrees to deliver three campaign ideas in two weeks, let them plan their work without fuss.
Small acts of trust build psychological safety. When employees see that using flexitime responsibly or asking for schedule changes doesn’t lead to penalties, they work more creatively. As one startup CEO says, shifting to “work-by-the-numbers, not punch clocks” gets teams focused on mission rather than logging hours.
Microshifting and Flexible Schedules
For some staff, even a standard hybrid schedule isn’t enough. Enter microshifting: breaking the workday into flexible blocks that fit life’s demands. Imagine a parent who works from 6am–8am, takes a break mid-morning for childcare, then works again from 10am–2pm and 8-9pm. Or an employee who pauses in the afternoon for a gym session and then is back working. These patterns can be win-win when planned properly.
Microshifting isn’t just theory: 65% of workers say they would like to structure their day this way. In the UK, about 2.7 million people juggle paid work with unpaid caring duties, they need this flexibility. And it works: trials of microshifting often show no drop in productivity, and sometimes even gains in creativity and loyalty. In one pilot, productivity stayed high when a tech team split their day; managers just measured progress by project milestones.
To make microshifts work in an SME, start small. Ask for volunteers and set clear goals. Ensure coverage: maybe schedule overlapping hours or use part-timers to cover any gaps. Then measure it like any trial: did deadlines meet? Often, managers worry before trying but find staff meet targets regardless when trusted. It also helps to highlight successes: if one employee’s new schedule leads to faster delivery or higher morale, share that story internally. Demonstrating a clear win can allay concerns and encourage others to adapt.
Overall, microshifting is part of thinking beyond traditional shifts. Even simple changes, like letting a receptionist work 7am–11am one day and 1pm–5pm another, can make a huge difference. These tweaks show staff that you value their whole lives, not just the hours they put in.
Practical Steps for SMEs to Embrace Flexibility
Time-poor business owners need clear, actionable steps. Start with these five moves:
Adopt a Clear Flexible Working Policy. Update your handbook or contracts to include the new rights. Explain how employees can apply (covering changes to hours, days or location) and note the two-month decision window. Set fair criteria for decisions that comply with employment legislation, and specify appeal rights. You don’t have to write this from scratch; we have toolkits and templates exist for UK SMEs. For example, The HR Hero toolkit includes ready-made flexible-working policy templates tailored to small businesses.
Train Managers to Handle Requests Fairly. Give line managers short, bite-size training or guides on assessing flexible-working requests. Emphasise the ACAS code: listen carefully to the employee, suggest alternatives before refusing, and consult about possible solutions. Encourage them to document each step: even a brief email summary of conversations or reasons for refusal can prevent disputes later. Thorough record-keeping and a clearly documented process can deter claims, after all, tribunal judges will check that you followed a fair process at every step.
Focus on Outcomes, Not Office Hours. Shift your review process. Set clear targets and milestones for projects and evaluate performance against those goals. Let employees have control over their schedule to meet these targets, within reason. For instance, agree that the sales team will generate X leads in a month, and allow each person to plan when they’ll work on it. Use simple tools (shared calendars or task boards) to keep track of progress. Celebrating goal achievements, not arrival times, quickly reinforces that productivity matters more than being seen.
Accommodate Diverse Schedules. Be creative with shift patterns. If you have shift-based roles, consider techniques like early/late shift swaps, job-sharing or self-rostering. Let staff propose and swap shifts through a formal process. Even fixed schedules can have wiggle room: for example, two part-timers could share one full-time role by dividing the week. Whenever a request is approved or trialed, use a written agreement or letter to record the new hours and avoid confusion. This makes expectations clear for both sides.
Communicate Clearly and Consistently. Make your flexible-working policy visible: post it on your company intranet or share a summary in the staff handbook. Explain it in team meetings or one-to-ones. Show that flexibility is part of your culture, not an exception. For example, after approving a flexible-working trial, you might announce it (with consent) as a success story, so others see the process in action. When your team understands the process and sees it applied fairly, trust grows and doubts fade.
Following these steps covers the legal basics and sets a culture of trust. Remember, flexibility is not one-size-fits-all, adapt each point to fit your business model. If a new scenario comes up (say, a surge of requests in January), revisit and adjust your policy as needed. Also consider optional agreements like part-time or seasonal work arrangements so employees feel secure asking for changes. In other words, make flexibility part of your ongoing HR planning, just like budgeting or training.
Flexibility in Sectors with Fixed Hours
Not all roles are desk-based. Even retail, hospitality, healthcare, early years and education jobs, which rely on fixed shifts, can offer flexibility. For example, a retailer might let an evening assistant swap to an afternoon shift a few times a week, or a school could allow the office hours to start 30 minutes later on certain days. Review each role and ask: can some tasks be done differently? Perhaps the shop’s bookkeeping or paperwork can be done at quieter hours or remotely.
Shift-based workplaces can use solutions like shift-swapping processes or job-sharing. Two part-time workers could split one full-time role, alternating days or hours. You might introduce compressed hours (longer days, fewer days per week) or annualised hours contracts so staff have predictability over the year. Some organisations even create a “flex bank” of shifts that employees can sign up for as needed. These approaches show staff you’re thinking creatively, even when full flexibility isn’t possible.
Treat every request fairly, even in rigid settings. With the new day-one right, any employee can ask for change (for example, a parent asking to come in later on school-run days). Have a simple process, maybe a standard form or quick meeting slot, for considering these requests. Early consultation often uncovers good ideas: one care home staggered nurse start times to cover a 12-hour ward, keeping staff happier without hurting care. Use template letters for any change to confirm what you’ve agreed. Small adjustments, like one person swapping a shift occasionally, can make a big difference in retention and morale.
Ultimately, the goal is to balance your operational needs with compassion.
By showing willingness to explore options, you build loyalty. Even in traditionally rigid sectors, flexibility can be a reputation-builder. A small UK retailer found staff felt much more valued when they could choose some of their shifts; word-of-mouth about that positive culture then helped attract new employees. In short, with a fair process and a few smart tweaks, strict schedules can coexist with a flexible working culture.
The Future of SME HR: Trust, Flexibility and Compliance
The workplace has shifted for good. Presenteeism was born in an era where oversight was equated with productivity, today, trust and autonomy are what attract top talent and get the best results. Forward-looking SMEs now embed flexible HR support into their strategy. That means not only staying onside with the law, but also making trust a core value.
Looking ahead, more people may expect hybrid options or even shorter weeks, and laws may continue evolving. It pays to be proactive. Keep an eye on UK updates (for example, the Acas Code on flexible working has been refreshed) and tweak your policies early. Remember, building trust now will give you credit when future changes arrive.
You don’t have to do this alone. Think of us at The HR Hero as your outsourced HR partner for UK small businesses. We offer online toolkits and resources tailored for companies with 1–100 staff, covering all HR stages from recruitment to exit. Need urgent support? Book an SOS call (Power Hour) with us for focused advice on your specific situation. Our membership plan gives you templates, guides and helpline access, saving you hours of admin so you can focus on business growth.
Ultimately, trust is the new baseline of a healthy business. Take the leap: shift from time-based rules to a results-driven culture. This simple mindset shift will not only ensure compliance with UK law, but also drive growth by engaging and retaining your best people. Start today and leave presenteeism behind, your team will thank you. In a competitive market, showing that you’re a supportive, flexible employer gives your small business a real edge.
For flexible HR support, check out The HR Hero toolkit and membership, or schedule an SOS call. Being flexible isn’t just a policy decision; it’s a strategy that protects your people and your profits.
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