The right to request flexible working was introduced in the UK in 2002, initially this right was introduced for parents and carers. However, in 2014 this right was extended to any employee with 26 weeks continuous service, when after this time an employee could make one request in a 12 month period. The Government has further updated flexible working requests as of April 2024, making it a day one right and with 2 requests allowed in a 12 month period. Further, there is no onus on employees to outline the affect their request will have on the employer or explain how to mitigate the effects.
Employers are now required to respond to any requests within 2 months, reduced from 3 month and unless the employer plans to accept the request they must hold a meeting with the employee to consult with them regarding the request and to discuss any alternatives.
Any refusal must be on the following specific grounds:
extra costs that will damage the business
the work cannot be reorganised among other staff
people cannot be recruited to do the work
flexible working will affect quality
flexible working will affect performance
the business will not be able to meet customer demand
there’s a lack of work to do during the proposed working times
the business is planning changes to the workforce
So what does flexible working mean? Well employees can request a change to their terms and conditions in regards to where, when, how long and at what times they work. There are various arrangements which can be considered including the following:
Part time hours, which is fairly common and is simply less hours than the full time equivalent.
Term time working, employees whose working pattern mirrors that of the school year.
Job share, where 2 employees share one job so that the full time hours are covered but they only work part time.
Compressed hours, where the full time hours are worked over less days. For example the working week is typically 40 hours over 5 days and compressed hours would be 40 hours in 4 days perhaps reducing the amount of time taken for lunch to accommodate.
Flexitime, employees have the option with set parameters to decide when they start and finish work.
Working remotely, employees work some or all of their hours from a place of their choosing.
Hybrid working some of the week is worked from home and some from the office.
The above examples are the most common types of flexible working requests but this list is not exhaustive.
Often employers will amend contracts when a flexible working request has been agreed. For example a change from full to part time hours would be a formal contractual change. Working from home once a week, might have been an informal, local agreement with a manager.
So what about when you are recruiting, it is sensible to give prospective applicants the opportunity to discuss flexible working at the interview rather than finding the ideal candidate, offering them a full time role only for them to request part time when they start. Better to have the conversation in the first place and consider your options at that time.
There are lots of benefits to flexible working and it is more in demand than ever. It supports employee engagement, gives access to a wider talent pool, can help with absence in job share situations, as you always have cover. Hybrid and working from home can help reduce overhead costs.
Of course it is not without its challenges and so effective strategies are required to ensure success and there have been employment tribunals based on the declination of a flexible working request, so it is important to have an up to date policy and understand the process. Need help with your flexible working policy and best practice to implement, contact me at bev@bdhr.co.uk.
