With the flexible working regulations changing from April 2024, the concept of flexible working is again on the forefront of many people’s mind due to the media coverage it is getting.
The right to request flexible working in the UK is fixed within the Employment Rights Act 1996 and further rules on how the process should be handled are set out in a separate act which is the new Employment Relations (Flexible Working) Act 2023. This was last changed in 2014.
What is flexible working?
Flexible working can be arranged informally where an employee may need to work flexibly to deal with a delivery that requires them to be at home that day, or may need to work alternative hours for a week so they can attend hospital appointments. Usually, informal flexible working arrangements are agreed between the employee and line manager and does not require a formal process.
Allowing the occasional informal flexible working can help employees to deal with irregular responsibilities outside of work. This can help them manage their private life without having to worry about losing pay or having to use up annual leave, resulting in a more engaged and satisfied employee.
The right to make a flexible working request only related to formal arrangements. This is usually for long-term or permanent changes to the terms and conditions of employment. Requests can be divided into 2 categories; time flexibility and location flexibility.
Examples of time flexibility can include:
- Part-time
- Term-time
- Flexitime
- Compressed hours
Examples of location flexibility can include:
- Home working
- Hybrid working
- Remote working (from a satellite office)
What does the new 2023 act change?
From April 2024, the legal requirements on part of the employer on how to deal with a flexible working request will change so it is important that employers update their policies and procedures to ensure they don’t fail to comply with the new legislation.
The changes that will come into effect from 1 April 2024 are:
- Employees need no continuous service to make a request, can make a request on day 1 of their employment
- Employees can now make two requests 12 months (the clock starts ticking once the first request has been made.
- The flexible working request must be in writing and we recommend providing employees with a form (requests can be made by email)
- Employers must complete the whole process within 2 months’ time limitation
- Must consult with the employee if it is likely that the request cannot be agreed upon
- Can only decline request for one of 8 reasons
How can flexible working benefit employers?
Flexible working can support your employees in many ways, but usually the main benefit is to improve their work/life balance. By being able to work flexibly, employees can fit their obligations at home around their work, which can come with many benefits for the employee such as reduced costs in childcare, reducing stress, spending more quality time with family, care for a family member.
Employers can also benefit from flexible working arrangements. By having a workforce that works flexibly, employers can often be more agile as people are more spread out over time and potentially locations. Furthermore, employees who work flexibly often report increased levels of energy, reduces stress and are often more satisfied, which in return can result in a more increased productivity, engagement and motivation to work in the organisation.
Being an employer who offers flexible working can also improve retention and attraction in recruitment. It provides a great addition to your Employee Value Proposition that can support your Employer Branding. In a 2023 survey, it was found that 77% of employees are ready to leave their employer if the flexible working provisions would be withdrawn, showing the power of retention flexible working can have.
The Equality and Human Rights Commission found that 93% of non-workers are currently looking for part-time or flexible roles showing a high demand for flexible roles. This shows the importance of mentioning the ability to work flexibly at the advert stage when recruiting, as that can create a competitive advantage in finding the right talent.
Finally, flexible working can also result in being a more inclusive employer. For example, it can help working parents and employees with caring responsibilities to fit their needs around their work commitments allowing for more people to work where they could not do so without the flexibility.
Conclusion
Flexible working can both benefit the employee and employer in different ways. It is important that employers review their ways of working to allow for flexible working practices, as that can lead to better retention, attraction, staff engagement and productivity.
With the new legislation coming into force in April 2024, employers should update their flexible working policy and procedures to ensure compliance with the new rights and duties that come with the new legislation.
DEAL
For orders placed before 5th April 2024, Roots HR can review and update any existing flexible working policy for only £125 + VAT.
If you don’t have a policy yet, we will create a new policy for only £150 + VAT.
Act now by placing your order on [email protected] to ensure your organisation is compliant with the new legislation.
Still have queries?
Want to know more about how to manage flexible working in your organisation, or you would like to benefit from the above offer? Please do contact us for further information and support.
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