Flexible working is becoming an increasingly popular option for employees, especially since new legislation from April 2024 has made it easier than ever before to request. So, what should employers know about flexible working? This article covers some of the most frequently asked questions.
What is flexible working?
Flexible working involves changing how or when an employee works to better suit their needs. It can take many different forms depending on the individual and the business they work for. For example, they could change their start or end time, job share with another person, or work remotely some or all of the time.
What types of flexible working are there?
There are lots of different ways in which employees can work flexibly. Some examples include:
- Working part-time
- Compressed hours – working the same number of hours over fewer days, such as a four-day week or nine-day fortnight
- Job sharing – sharing one job between two or more people
- Remote working
- Hybrid working – working partially remotely and partially in the workplace (such as an office)
- Flexitime – this usually involves core working hours each day but the ability to select different start and end times
How did regulations on flexible working change on 6 April 2024?
On 6th April 2024, new regulations came into effect concerning flexible working as part of the Flexible Working (Amendment) Regulations 2023. The new regulations set out the following:
- Employees are able to make a flexible working request from day one of their employment, whereas they previously had to have at least 26 weeks of continuous service.
- Employees can now also make two requests in a twelve month period, when previously they were only able to make one.
- Employers are now required to make a decision regarding the request within two months, rather than three months, although this time can be extended with the employee’s agreement.
- If an employer wishes to refuse the request, they must consult with the employee before doing so.
- Finally, employees no longer have to explain the potential impacts of their flexible working on the business, like they previously had to.
How long do employees have to work for an employer before they can request flexible working?
Employees are now able to make a request for flexible working from the first day of their employment. Previously, employees had to have had at least 26 weeks of continuous service with their employer before they were able to make a request.
How can employees request flexible working?
Employees can make a “statutory declaration”, requesting a change to the way they work. They can request to change the number of hours worked, their start and finish times, the days they work, and the location they work from.
Employees must make a formal flexible working request in writing, stating that they are making a flexible working application under statutory procedure. The letter should also be dated, specify the changes they wish to make, the date they wish them to come into effect, and if and when they have made a flexible working request with this employer before.
What can employees request in the way of flexible working?
When it comes to flexible working, employees can request several different things. For example:
- Changes to when they start or finish work
- The days they work
- The number of hours they work
- Where they work (for example, requesting to work remotely either some or all of the time)
Do employers have to agree to flexible working requests?
Employers have a duty to consider each request in a “reasonable” manner. This means that employers must assess the advantages and disadvantages of the proposed flexible working, discuss the request with the employee and show that alternative arrangements have been considered, and have an appeal process if the request has been refused. Bear in mind that there is no legal right for employees to appeal a statutory request decision, but the option should form part of a “reasonable” procedure.
However, if there is a reasonable business case, employers do not have to accept the flexible working request. You may also wish to trial the arrangements for a set amount of time before a final agreement is made.
Bear in mind that if you refuse a request, but have not dealt with it in a reasonable manner, the employee may have grounds to bring a case against you, so it’s vital to ensure you have the correct procedures in place. Our employment law solicitors can assist with this, get in touch today.
How can employers respond to flexible working requests?
As an employer, if you agree to the request, you should put the agreement in writing, including the start date of the arrangement as well as the agreed changes. The employee’s contract should also be changed to reflect the arrangement within 28 days of the request being approved.
Can an employee make another flexible working request if their first has been rejected?
Since April 2024, employees have been able to make two flexible working requests to their employer in a twelve-month period. So, if you refuse a request, an employee is free to make one more request within the same twelve-month period.
How long do I have to respond to my employee’s flexible working request?
Under the new legislation, employers have two months to respond to an employee’s flexible working request. However, this time can be extended if needed, as long as the employee agrees to the extension.
Who is able to make a flexible working request?
All employees of a business have the legal right to make a flexible working request. Other workers who are not employees, such as contractors or freelancers, cannot make a request. Employees do not need to give a reason for requesting flexible working, for example they do not need to be a parent or carer to make a request.
What benefits can flexible working have for my business?
Flexible working has undeniable benefits for employees, but it also has potential benefits for businesses, too. Some of the benefits you may want to consider as an employer include:
- It’s a great recruitment and retention tool that can help you attract and keep the best candidates.
- Flexible working helps ensure your workplace is as inclusive as possible.
- It may lead to a reduction in some overhead costs, for example less office space is required if employees are working remotely.
Why do employers need to know about flexible working?
Every employer in the UK should be educated about flexible working, especially the Flexible Working (Amendment) Regulations 2023 that came into force on 6th April 2024. This is because employees have the right to request flexible working and have their request considered by their employer in a reasonable manner. If you’re an employer and you don’t follow the legislation, your employees may have grounds to bring a case against you.
If you are an employer in need of legal advice regarding flexible working, please get in touch with Setfords. Our expert employment lawyers
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