The Law on Flexible Work is Changing–What Does It Mean for You?
Last year, a quiet revolution in workplace flexibility took place here in the UK. The royal assent of the Employment Rights Bill (Flexible Working) spells a significant legislative change, set to take effect by spring this year. At a time when the traditional boundaries of the workplace are increasingly blurred, this reflects a transformation in both societal values and workforce dynamics.
Riding in the wake of COVID-19, the concept of a rigid, 9-to-5 workday has been steadily changing. This shift, driven by technological advancements and changing employee expectations, calls for a more agile approach to work. The necessity for this legislative change comes from the growing recognition that the modern workforce has diverse needs. This includes the importance of work-life balance, the empowerment of employees through greater autonomy, and the inclusivity of caregivers and parents in the workplace.
As these legislative changes loom on the horizon, it is vital for employers to stay ahead of and adapt to flexible working arrangements. After all, the new law is not just a legal adjustment, it’s a cultural shift, signposting a future where the flexibility of work is central to the discussion.
What is Flexible Working?
As a concept, flexible working encompasses various formats, such as compressed hours, flexitime, remote working, job shares, and set shift patterns. This adaptability in working requests caters to diverse individual needs, offering flexibility in working hours, location and duration of work. Think of it as moulding work around life, rather than life around work.
The appeal of flexible working lies in its ability to cater to individual circumstances–from parents juggling childcare to individuals pursuing further education or those with health considerations. It’s about offering employees the liberty to tailor their work hours and locations to their personal lives. The result? A more balanced and productive work environment.
In the dynamic work landscape of 2024, understanding and implementing flexible working is crucial. See it as more than a legal compliance exercise. It’s about transforming your operation to a modern work ethos that values autonomy, personal well-being, and work-life harmony.
A Brief History of Flexible Working
The statutory right to request flexible working was first introduced in 2003. Since then, it has grown steadily to cover more inclusive and diverse working arrangements. These include agile working and job shares, initially reserved for working parents. Covering 20 years of progress, flexible working has expanded far beyond its original scope. It has grown to encompass not just working parents but any employee with 26 weeks’ continuous service, acknowledging the diverse needs of the entire workforce.
This shift towards a more inclusive approach has been marked by the introduction of agile working and job-sharing schemes, breaking down traditional work barriers and introducing a new rhythm to the working world.
With the Bill passed, the following changes will be introduced:
Change: Employees can make two flexible working requests every 12 months, instead of one.
This change allows employees to request flexible working arrangements twice a year, offering more opportunities to adjust work schedules as personal circumstances change.
Challenges
Employee: There may be uncertainty or hesitation in deciding when to use these requests optimally.
Employer: This could lead to increased administrative tasks and potential disruptions in planning and resource allocation.
Benefits
Employee: More flexibility to adapt working arrangements to changing life situations, enhancing work-life balance.
Employer: Increased employee satisfaction and engagement, potentially reducing turnover.
Change: Employers will have to respond to requests within two months, instead of three.
The decision-making process for flexible working requests is expedited, benefiting employees awaiting responses.
Challenges
Employee: There’s a need for employees to be more prepared with alternative plans in case of a rapid rejection.
Employer: Shorter response time may pressure internal processes, especially in larger organisations.
Benefits
Employee: Quicker responses enable faster adjustments to work-life needs.
Employer: Encourages a more responsive and dynamic HR management approach.
Change: Employers will have to consult with employees before rejecting requests.
Ensures a collaborative dialogue between employees and employers before any rejection of flexible working requests.
Challenges
Employee: May involve emotionally taxing negotiations or justifications of personal circumstances.
Employer: The consultation process could be time-consuming, especially for multiple requests.
Benefits
Employee: Ensures their circumstances and needs are considered in decision-making.
Employer: Better understanding of employee needs, leading to more informed decisions.
Change: The requirement for employees to explain the effect of their request on the business will be removed.
Simplifies the process for employees to request flexible working, removing the burden of justifying business impact.
Challenges
Employee: Employees may still need to prepare for possible discussions about their request’s impact.
Employer: Less initial insight into how the request might affect operations.
Benefits
Employee: Easier and less daunting to request flexible working arrangements.
Employer: Potentially more honest and open requests from employees, without the pressure of justifying business impact.
Change: All employees will now have the right to request flexible working from day one of their job.
Provides immediate access to flexible working options for all employees from the start of their employment.
Challenges
Employee: New starters might feel hesitant to request flexible working immediately, fearing it could impact initial perceptions.
Employer: Onboarding and integrating new employees into the company culture might be more challenging with immediate flexible working arrangements.
Benefits
Employee: Immediate ability to balance work with personal life, beneficial for those with caregiving responsibilities or other commitments.
Employer: Attracts a diverse range of candidates who value flexibility, such as parents or those pursuing further education.
It’s clear that while the new legislation offers significant advancements in flexible working rights, it also introduces complexities that both employers and employees must navigate.
For you and your operation, the key lies in finding a balanced approach that maximises benefits while addressing the challenges head-on. The results may speak for themselves, with a more flexible, responsive, and inclusive working environment.
A Step Forward, But Is It Enough?
While the recent changes mark progress in working rights, unions argue that they’re only incremental. The right to request flexibility remains just that—a request that can still be declined. TUC research shows that half of the fathers and partners on paternity leave faced partial or complete rejection of their requests. From the unions’ perspective, this statistic underlines a persistent gap between policy and practice.
Many employees, especially working mothers, expressed hesitation to TUC about requesting flexible working. A notable 42% shared concerns over a potentially negative response from their employers. The same percentage believed their request would simply be rejected, seeing little point in asking. Interestingly, only a small fraction, about 5% of working mothers who hadn’t requested flexible working, stated that their reason was a lack of necessity for such arrangements. This may point to an underlying issue of workplace culture rather than personal preference.
In response, TUC advocates for more robust reforms. They propose that flexible working should be a default right, shifting the onus onto employers to justify any refusal. Furthermore, they recommend the mandatory disclosure of flexible working options in job adverts. The goal? To ensure potential candidates are aware of their rights and the organisation’s culture from the outset.
This ongoing dialogue between unions, employers, and lawmakers is critical in shaping a work culture that genuinely accommodates the diverse needs of the workforce. While the new legislation opens doors to more accessible and frequent requests for flexible working, the journey towards a truly adaptable work environment continues.
“In the era of flexible working, creating new rotas has evolved into a complex jigsaw puzzle, necessitating the guidance of experienced consultants. Balancing employee preferences, varied work hours, and remote working options is a multifaceted challenge that demands innovative strategies and a deeper understanding of individual needs. This complexity underscores the value of seasoned consultants, who bring expertise in navigating these changes effectively.”
Simon Karios, Principle Consultant
The Role of Employers
Employers can prepare for the new flexible working laws by:
Want to learn more about becoming an employer of choice? Check out this blog: Shift Pattern and Rostering–Becoming an Employer of Choice
The Role of Trade Unions
Trade unions can play an important role in supporting their members to access flexible working. They can do this by:
Understanding the Grounds for Refusing Flexible Working Requests
Under the current framework, employees don’t possess a legal right to challenge their employer’s decision on flexible working requests. While the 2014 Acas Code of Practice (Code of Practice 5) advises that it’s beneficial for employers to consider any appeals made, this remains a recommendation rather than a legal requirement under the Act.
While flexible working can offer many benefits, sometimes you or your employer may need to decline such requests. These decisions are not taken lightly and are based on specific, legally recognised reasons.
Each of these grounds reflects a balance between the needs of the employee and the operational requirements of the business. By understanding these reasons, you or your employees can engage in more informed and constructive discussions about flexible working arrangements.
Employees have no way to challenge a refusal that is based on one of these grounds under the right to request a flexible working scheme. One option available is a claim under the Equality Act 2010, but such claims are only available to those with a protected characteristic.
Closing Thoughts
The recent updates to flexible working laws signify a considerable shift in the employment landscape for UK workers. These changes, part of a broader movement towards a more adaptable and flexible work environment, will reshape our understanding of the work-life balance.
For employees, particularly those returning from maternity leave or with caregiving responsibilities, these laws open doors to more frequent and accessible flexible working requests. The legislation encourages a culture where work can be tailored to fit the puzzle of personal commitments and professional aspirations.
The journey towards a fully flexible working environment remains, however, a collaborative effort. Trade unions and employers are instrumental in this transition. Each plays a vital role in ensuring fair implementation of the laws. Employers, in particular, are called upon to not just adhere to these legal requirements but to embrace them as a cornerstone of their organisational culture. This includes not only accommodating diverse working patterns but actively promoting them as part of a modern, dynamic workplace.
Ultimately, the success of these legislative changes lies in how quickly and how meaningfully they are adopted by the UK’s working culture.
