Flexible Working Arrangements

Employment legislations have been updated as of 6^th April 2024 and this includes the provisions of The Employment Relations (Flexible Working) Act 2023.

According to a recent report published by ACAS Codes of Practice (‘ACAS’) –  7 out of 10 employees are unaware of the changes to the law relating to flexible working!

What are the key changes?

1. Previously, employees who have worked for their employer for 26 weeks or more had the right to request if they could work flexibly. As of 6^th April 2024, employees are able to make a request for flexible working from the first day of employment;
2. Flexible Working requests will now apply to all types of work patterns, these include; part-time, compressed hours, job-sharing, working from home;
3. Employers now have a duty to consult with employees before refusing flexible working request;
4. Previously Employers had three months to make a decision from the date that the request was made but that has now reduced to two months;
5. Previously Employees were only able to make one request for flexible working within any 12-month period. From 6 April 2024, employees will be able to make two flexible working requests; and
6. Employees will no longer be required to state the impact their flexible working hours could have on the business and the ways in which the employers can alleviate these.

What is flexible working?

Flexible working is used to describe a working arrangement that meets the needs of  both the employee and employer in respect to when, where and how an employee works.

For examples flexible working arrangement include, but are not limited to: –

• part-time working
• homeworking
• hybrid working
• flexitime
• job sharing
• compressed hours and so forth.

What are the benefits of flexible working?

Flexible working provides a host of benefits, such as:

• Better work-life balance alongside personal responsibilities;
• Beneficial for mental and physical health and wellbeing;
• Making employment more accessible for more people; and
• Improving staff retention and recruitment;

Whilst flexible working undoubtedly provides a lot of benefits, it is worth mentioning that not every type of flexible working will be suitable for every role and organisation.

Where possible, employers should aim to build flexibility into job roles and should advertise the availability of flexible working arrangements during recruitment which can help prospective and existing employees to open discussions exploring their options.

What does this mean for the employers?

Employers and employees can enter into flexible working arrangements informally, without making a statutory request.

It is important to create a positive culture around flexible working arrangements in organisations by adopting a welcoming and open approach to flexible working arrangement requests so that employees feel confident and comfortable in having these discussions.

Therefore, it is important that managers are trained adequately to handle flexible working arrangement requests.

Meetings pertaining to flexible working arrangement requests should be approached with an open mind. They are a great opportunity to listen and engage deeply with each other so that a fully informed decision can be reached. This includes exploring other options if the original request cannot be accepted.

Where a request is rejected, the reasoning should be communicated clearly. Appeals against the decision should be dealt with in a fair and neutral manner.

Therefore, having a clear policy and procedure for handling statutory requests for flexible working is important for making everyone aware of what is expected.

We have a dedicated employment team at Franklins. If we can be of any assistance to you, please contact the Employment Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk 

Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change, and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.