Need to know:
- Employees can request flexible working from day one, and make two requests in a year.
- Employers need to update flexible-working policies and ensure managers are trained.
- Employers can gain an advantage by offering other benefits that offer flexibility and support.
The Employment Relations (Flexible Working) Act 2023 came into force in April 2024, ushering in a raft of changes which boosted the rights of employees requesting to work flexibly and imposing additional rules around how employers must handle such requests.
The most prominent change is that employees can now request flexible working from their first day of employment, rather than needing at least 26 weeks’ continuous employment. Employees can put in two such requests a year rather than one, and do not need to justify or provide a reason for this, or explain the business impact. Employers must consult with employees to discuss alternatives before rejecting requests, and to address them within two rather than three months.
Kendel Shepherd, senior associate in the employment team at Walker Morris, says: “Unless policies were previously more favourable than the statutory scheme, employers will have had to amend their flexible-working policies to ensure [these] complies with the changes.”
Policy changes
It is likely that many employers have failed to do this, says Adam Penman, an employment lawyer at McGuireWoods. “As flexible working becomes the baseline and case law evolves to flesh out the parameters of employers’ flexible working responses, employers that are lagging in updating associated policies are likely going to be startled into introducing or amending policies on receipt of their first few requests,” he says.
So far, there is little evidence that the new rules have led to an increase in the number of requests being made by employees, or in repeated requests. Padma Tadi-Booth, employment partner at Hill Dickinson, says: “Some employers’ fears are so far unfounded.”
But when requests do come, these may not be around reduced hours or changes to working hours. “In recent years, we have seen a significant increase in the number of requests to work completely or partially from home,” she says. “We have also seen an increase in people seeking to work compressed hours, such as fitting in what is traditionally a five-day working week into four days.”
Employers need to find a way to make the new arrangements work for them, so they can juggle the needs of employees with their own requirements. Riaan Van Wyk, senior wellbeing data consultant at Barnett Waddingham, says: “An opportunity for review might be to ensure that flexible working isn’t always geared to lower-paid employees and that they consider how to design higher-paid roles for flexible working. More transparent career pathways for those working flexibly would also be welcomed.”
Manager training
As well as clear policies, it is important to ensure that managers buy into the concept of flexible working, and have received appropriate training. Joanne Waterworth, head of employer services at Working Families, explains: “Line managers are often the gatekeepers to working flexibly, so training to equip them with both the why and how of managing flexible teams can shift the dial significantly. Managers at all levels, but particularly senior leaders, have a pivotal role to play in being a real model, and openly working flexibly to help reduce fears around judgement over taking flex and impact on career development.”
Potential difficulties could also arise as a result of the order in which requests are made by employees, says Sarah King, employment partner at Excello Law. “All employees have the right to request, but they are typically dealt with in order of receipt,” she explains. “If there are two members of a team and one makes the request for desire rather than need and then this is granted, this can make it harder for the other team member to have the request granted.”
Employer of choice
Flexible working also presents an opportunity to stand out in a competitive recruitment market. “Many employers are now providing staff with access to emergency or back-up childcare, or care for their adult dependents,” says Tadi-Booth. “Some even provide access to doggy daycare. These schemes are especially popular in the school holidays, as they often include access to holiday clubs. They are also useful when care arrangements break down at short notice due to unforeseen events.”
However, wider changes to working culture are needed to make flexible working possible in practice, says Dr Maranda Ridgway, associate professor of people and inclusion at Nottingham Business School. “Eliminating core hours and avoiding early or late meetings can enhance flexibility,” she explains. “Organisations must consider how employees are part of the process of identifying and designing supportive, flexible-working policies and practices.”
