April 2024 has seen several Employee Law updates that all employers need to be aware of, including changes to the Flexible Working Bill.
Flexible working is an alternative work pattern allowing a degree of flexibility to suit an employee’s needs. The Flexible Working Bill is legislation that sets out a process that employees and employers should follow when they wish to make a change.
Employees may request flexible working patterns for many different reasons such as to improve work/life balance or to fit around childcare or carer responsibilities.
The Flexible Working Bill was first introduced in 2003 so what has changed?
As of April 2024
- The right to request flexible working is now a Day 1 right for all employees, where previously they needed to have 26 weeks service.
- Employers now have to respond to flexible working requests within a two-month window, rather than the three months.
- Employees can now make two requests within a 12-month period rather than just one.
- Employees no longer have to set out the effects the request will have on the company in their request.
As a result of these changes, you may experience an increase in requests from your employees. It’s important that all your line managers are fully aware of the updates and know how to manage any requests they might receive.
Whilst an employer needs to consider a flexible working request, it doesn’t necessarily have to agree to it. There is a specific set of criteria (or reasons) defined in the Flexible Working Bill, that a business can use to decline a flexible working request, to protect the business’ ability to operate.
Valid reasons to decline a flexible working request:
- the burden of additional costs
- an inability to reorganise work amongst existing staff
- an inability to recruit additional staff
- a detrimental impact on quality
- a detrimental impact on performance
- a detrimental effect on ability to meet customer demand
- insufficient work available for the periods the employee proposes to work
- planned structural changes to the employer’s business
However, it’s worth noting that, where working flexibly will obviously suit the employee making the request, it could also benefit the employer.
Benefits of allowing flexible working patterns
The flexible work pattern may support cover at different/peak times or reduce the need for larger office space, and therefore make efficiencies and savings in the longer term.
In addition, employees that are allowed to work flexibly are reportedly more committed, have higher job satisfaction and are more likely to increase their discretionary effort (CIPD 2024) – all things that can lead to a reduction in absence rates, wage bills as well as improve employee wellbeing. It can also make you more attractive to prospective employees when you recruit.
In response to these changes, we recommend that you review and update your existing policies and procedures, so this reflects the current requirements plus amend any forms you have previously used.
Anyone in the business that manages people and/or flexible working requests should be informed and updated so no one falls foul of this statutory right and underpinning process.
If you need advice on managing, accommodating and responding to flexible working requests or would like HR support to introduce more flexible working patterns across your company, get in touch with the Pure HR team today. Call 01794 329470 or email info@purehumanresources.co.uk or visit our website to complete our contact form here.
