The government has announced that the new flexible working regulations will come into effect on 6 April 2024, giving employees the right to request flexible working arrangements from day one of employment – under current law the right is only available after at least 26 weeks of employment.
‘Flexible working’ can refer to working patterns or hours including part time, flexi-time, term time, compressed hours and adjusting start and finish times, as well as location, for example, working from home.
What are the new regulations on flexible working?
• the right is available to employees from day one of employment
• employers will be required to consult with the employee when they make a flexible working request before rejecting it
• employers have to respond to a request within two months (it is currently three months)
• employees will be able to make two requests within a 12-month period, compared to the single request they are currently allowed
• employees are no longer required to explain what effect their request will have on the business.
Employers should review current policies…
To prepare for these changes, employers should start by reviewing their current flexible working policies and ensuring they align with the new regulations. They should also anticipate a higher volume of flexible working requests.
Employers should also ensure they have in place effective processes to review and respond to applications promptly and have trained their managers on how to deal with them too.
Embrace a shift in workplace dynamics…
Employers need to try and view the changes as an opportunity to reassess and enhance their operational models. It’s not just about complying with the law but embracing a shift in workplace dynamics that can lead to increased employee engagement, retention and a wider talent pool.
Businesses need to think about the broader implications of flexible working for their organisational culture which includes the following:
• investing in technology that supports remote or hybrid work
• redesigning workspaces to accommodate flexible schedules.
Give employees clarity…
Although employees will be granted the right to request flexible working from day one, there is no guarantee that these requests for flexible working will be granted.
Employees who rely on flexible working need to know when they apply for a role if the level of flexibility that they require can be met. Clarity in job adverts is essential – this is the only way for jobseekers to identify companies that can accommodate their working preferences. It’s also the best way for employers to find staff who will genuinely thrive in the working environment they offer.
Find a way to make requests work…
Not all roles are going to be suitable for every requested working pattern but approaching any requests from the point of view of ‘how could we make this work’ is a good starting point.
Accommodating flexible working patterns will only benefit employers because employees are increasingly looking for businesses to work for that value wellbeing as part of their culture, and flexible working opportunities have become a staple incentive to attract the best people.
Businesses should consider alternatives if employees request a pattern that does not work for them. There are eight fair reasons for refusing flexible working requests and employers should think about the impact on the business of accepting or rejecting flexible working requests.
You will need a newly drafted flexible working policy….
For assistance with a newly drafted flexible working policy, which needs to be significantly different to the current policies, please email nicola.goodridge@goodhr.co.uk or call +447917878384
