Flexible Working

The rise of flexible working since the pandemic has brought with it opportunity and also problems for employees and employers. However, whatever your view is the demand for flexible working is high and you should consider your approach. Employees who have a minimum of 26 weeks continuous service have a statutory right to request flexible working. Employers must deal with requests to work flexibly in a “reasonable manner”.

Providing opportunities for employees for homeworking and flexibility on hours may be advantageous for you in terms of reducing the need for workspace, increasing productivity and bringing in talent. Giving staff greater control over their work-life balance can also have a positive impact on their general health and wellbeing. Of course, you also need to consider the challenge that remote or hybrid working brings, with teams not seeing each other which can lead to reduced collaboration and just basic social contact.

Based on their experiences and business needs, you may consider a full or partial switch to homeworking for staff and flexible arrangements such as compressed hours (full-time hours over fewer days), annualised hours (fixed number of annual hours with core hours), job sharing and changes to start and finish times (flexi time). Of course, there’s also the national 4 day week trial taking place, which allows employees to work a reduced number of hours over 4 days, but maintain productivity and output.

As an employer, there are specific statutory rights for employees regarding flexible working, which have been updated from 1st April 2024 and giving greater rights to employees and further obligations to employers:

Things to consider?

Requesting flexible working becomes a day 1 right.
There is a requirement for employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request.
Allowing employees to make two flexible working requests in any 12-month period.
Have you adopted a fair and consistent approach for flexible working that avoids a potential discrimination claim.
If you agree to a permanent change to working hours or location, have you amended employment contracts?
If you receive a flexible working request, are you complying with the requirements set out in law on the right to request flexible working?
Do you have a trained manager to deal with the request or do you need independent support?
Have you responded and completed the request, within two months.
If you want to extend the overall time limit beyond three months or the particular time limits within their own procedure, you should seek agreement from the employee to do so.
Have you invited the employee to a meeting to discuss the request?
Have you considered a compromise, for example a trial of the request?
Have you Notified the employee of the acceptance of the request/refusal of the request and offered the right of appeal?
Have you invited the employee to an appeal meeting?
Have you notified the employee that the appeal is upheld/rejected?