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A quick summary:
Last updated: 03/07/2024
As of April 6th 2024, the UK’s Flexible Working Bill had some changes that might alter how you set up and manage your flexible working policy for your employees.
You can read more about the Flexible Working Bill on the Gov UK website. But with all the legal speak, it might be tough to get a good understanding of what it all means.
That’s why we’ve made this handy guide to give you the highlights.
What is the Flexible Working Bill?
Also referred to as the Employee Relations Bill, the Flexible Working Bill exists to support employees seeking flexible working arrangements.
Prior to April 6th 2024, employees had to have been employed for at least 26 weeks (half a year) before they could make a request to work flexibly.
What are the April 6th changes to the Flexible Working Bill?
Since the updates to the bill on April 6th, employees now have the right to request flexible working arrangements from day one of employment.
What does flexible working arrangements mean?
When it comes to the Flexible Working Bill, flexible working can refer to a bunch of different options.
It could include:
- Job sharing
- Remote working and working from home
- Hybrid working
- Working part time
- Flexi-time
- Compressed hours
- Annualised hours
- Staggered hours
- Phased retirement
How does the Flexible Working Bill affect employers?
Essentially, the bill requires employers to consult with employees whenever they make a request for flexible working before rejecting it.
Employers are required to respond to an employee request for flexible working within 2 months of the request (down from 3 months pre-April 6th).
To be clear, there is no explicit rule that requires employers to meet the flexible working demands from employee requests - only that due diligence is required to speak with the employee before the request is rejected.
What should be involved in consulting with employees?
While it’s not strictly clear, employers should look to assess multiple things before rejecting the request for flexible working.
For example, the employer should weigh up the advantages and disadvantages of the request, discuss possible alternatives, and offer an appeal process.
Luckily, Acas has a Code of Practice on making and handling requests for flexible working that takes into account the April 6th changes. You can find that here.
What happens if you don’t handle a request within 2 months?
An employer can refuse an application for flexible working if they have a good business reason for doing so - although there’s no guidelines around what is considered a “good enough” reason.
Otherwise, the employee can take the employer to an employment tribunal - which is the same lengthy and costly process as employees seeking compensation for discrimination at work, unfair dismissal, or a breach of contract.
In short, you want to avoid this whenever you can - so it’s important to ensure that you have processes in place to respond to flexible working requests from employees in a timely manner so that you don’t end up at this point.
How many flexible working requests can employees make?
Employees can make two requests within a 12-month period. There is no longer a requirement for the employee making the request to explain what effect the flexible working agreement would make on the employer, or how it may be dealt with.
In short, it gives more power to employees to make flexible working requests from their first day at an organisation without having to jump through hoops.
What happens after an employee makes a flexible working request?
It’s required for the employer to let the employee know in writing what the agreed changes are and the start date for those changes to commence. This means that the employee’s contract should also be updated to include the newly agreed terms.
Importantly, the above should be done no later than 28 days after the flexible working request has been approved.
If the request has been refused, then the employer must tell the employee.
What are the reasons for refusing an employee flexible working request?
According to gov.uk, employers can refuse a request for flexible working for any of the following reasons:
- Extra costs that would damage the business
- Work cannot be reorganised or shared among other staff
- More employees cannot be recruited to do the extra work
- Flexible working would affect the quality of work OR the employee’s performance
- The business would not be able to meet customer demand
- There is a lack of work to do during the proposed working times
- The business is planning to make changes to the workforce
What should I do next?
If you’re concerned about the recent changes then the best first step is to read through and take note of all of the key points highlighted above.
You should also read through the gov.uk website page on flexible working top to bottom. You can find that here.
As a disclaimer, none of the content we’ve written above should be considered as legal advice. We’re just here to make it as easy for you to get up to speed.
