Important & immediate changes to the right to request Flexible Working

Important & immediate changes to the right to request Flexible Working

Important changes were announced on the 5th December to the Flexible Working Bill – but what does this mean for you as an employer? We explain it here in simple and practical terms for you.

For many years, employees have been able to request the right to work flexibly, after they have been with you for 26 weeks.

Important change no. 1

However, the recent announcement means that employees can request the right to work flexibly on day 1!

Important change no. 2

Workers will now also have the right to make 2 requests to work flexibly in a 12 month period, rather than the 1 request they were previously allowed to make.

Important change no. 3

Employers will also need to make sure that they deal with all Flexible Working Requests in a reasonable timeframe, which has always been considered as three months, but the new legislation states that Flexible Working Requests must be responded to and a decision made within a 2 month timeframe.

Important change no. 4

If you’re recruiting, make sure you are ready to deal with flexible working requests during the recruitment process, as you could be tempted to reject a request without giving it the right consideration and end up in hot water!

Important change no. 5

The new law also states that you must “consult” with employees before rejecting a Flexible Working Request – but in my view, there is no change there as good employers should have been doing this anyway!

What’s not changed

Employers still have the right to refuse a flexible working request and there are 8 valid reasons for doing so. However, before responding to any flexible working request, and in particular, before rejecting any flexible working request, we would strongly suggest that you get in touch with us to make you respond correctly and appropriately.

What can we do to help?

If we’ve not already been in touch with you with our updated Flexible Working Policy, then please get in touch with us and we will be happy to send you our Flexible Working Policy for just £50 plus VAT.

Some facts about Flexible Working

Many employers will be worried that as a result of this change in legislation, they will be inundated with Flexible Working Requests, but I am not so sure of that!

Many employers have already changed their approach to Flexible Working as a result of the Pandemic, and those that can offer flexible working/hybrid working are already doing so if they can! There are very few employers that haven’t adapted their approach towards flexible working if they are able to do so. Those that don’t offer flexible working, probably have a genuine reason for doing so in our experience, so would be able to reject a Flexible Working Request quite legitimately. What’s important is how you do so, and how you explain it, ensuring that it is covered by one of the 8 legitimate reasons to reject a request.

Flexible Working practices can help you to attract and retain staff

The CIPD have been campaigning for the right to work flexibly from day 1 for some time now. In their research, 46% of British employees said they didn’t have access to flexible working arrangements as part of their current role.

There is a ton of evidence that suggests those employees who have greater flexibility in their roles, will have higher levels of job satisfaction, wellbeing and will perform better in their roles.

Research by Reed Job Board, has found that jobseekers were increasingly searching for vacancies offering flexible or hybrid working, which were allegedly more popular than four-day week working arrangements.

Which means that if you are able to provide more flexibility, you will stand a better chance of attracting and retain a more diverse workforce, thus boosting your ability to address skills and labour shortages.

What can we do to help?

  1. If we’ve not already been in touch with you with our updated Flexible Working Policy, then please get in touch with us and we will be happy to send you our Flexible Working Policy for just £50 plus VAT.
  2. Book a call with us here to discuss how we can review your Flexible Working Practices to help you attract and retain the best people for your business.
  3. Got a Flexible Working Request that needs a response? Then book a call with us to help you respond to this appropriately and in the right time frame
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