Flexible Working Regulations 2024

From 6 April 2024, employees will be able to request flexible working from the first day of a job.

What this means for employers and how to prepare for it.

• Introduction

• What is flexible working

• Considering a request for flexible working

• Rejecting a request for flexible working

• Agreeing to a request for flexible working

• Benefits and disadvantages of flexible working

Introduction

From 6 April 2024 employees will be able to make a statutory request to make permanent changes to their contract from their first day of employment.

This means that from day one, they can ask an employer for changes to how long, when and where they work.  

Employees will also be able to make two requests in any twelve-month period, rather than the current one request.  

As an employer, you will be required to decide on the request within two months of receiving it.

Under current legislation you have three months to decide on the request.

Should you feel unable to accept the request, you will need to consult with your employee. 

The changes introduced on 6 April will also mean that your employee will no longer have to explain what effect, if any, the flexible working request would have on your organisation and how it could be overcome.

What is flexible working?

In order to determine how the changes to the flexible working regulations which first camei not force in 2014 may impact your organisation, we need to understand what flexible working is.

Flexible working includes bot is not limited to:

·         Job sharing

Two (or more) people doing one job and splitting the hours.

·         Remote working

Working from anywhere other than a permanent office.

·         Hybrid Working

A combination of working remotely and in the employer’s workspace.

·         Part Time

Working less than full-time hours.

·         Compressed Hours 

Working full-time hours but over fewer days

·         Flexitime

The employee chooses when to start and end work (within agreed limits) but works certain ‘core hours’.

·         Annualised Hours

The employee works a certain number of hours over the year but they have flexibility about when they work. There are sometimes ‘core hours’ which the employee regularly works each week, and they work the rest of their hours flexibly or when there’s extra demand at work. 

·         Staggered Hours

The employee has different start, finish and break times from other workers.

·         Predictable hours or set shift patterns

The employee has set hours they work instead of hours that may change week to week or day to day. It may be set hours for a whole week or part of a week.

·         Phased Retirement

Default retirement age has been phased out and older workers can choose when they want to retire. This means they can reduce their hours and work part time.

Considering a request for flexible working

As the employers you must handle every request in a reasonable manner and this should include carefully assessing the effect of the requested change for both the employer and the employee.

Consideration must be given to the potential benefits or other impacts of accepting or rejecting the request.

Employers must agree to a flexible working request unless there is a genuine business reason not to.

A decision to reject a request must be for one or more of the following business reasons which are set out in the Employment Rights Act 1996:

·         the burden of additional costs.

·         an inability to reorganise work amongst existing staff.

·         an inability to recruit additional staff.

·         a detrimental impact on quality.

·         a detrimental impact on performance.

·         a detrimental effect on ability to meet customer demand.

·         insufficient work available for the periods the employee proposes to work.

·         planned structural changes to the employer's business.

When handling a request, any information that the employee discloses as part of that request, must not discriminate unlawfully against the employee in relation to any of the protected characteristics set out in the Equality Act 2010.

The protected characteristics are:

·         age

·         disability

·         gender reassignment

·         marriage and civil partnership

·         pregnancy and maternity

·         race

·         religion or belief

·         sex

·         sexual orientation

Rejecting a request for flexible working

If an employer rejects the employee's request, the written decision should clearly explain the business reasons for the rejection and should also set out any additional information which is reasonable to help explain the decision.

There is no statutory right of appeal against a decision about a request for flexible working. However, allowing an employee to appeal is good practice.

The written decision should make it clear that the employee has the option to appeal the decision. This includes explaining how to appeal if the employee wishes to do so, and the timeframe for submitting any appeal.

Agreeing to a request for flexible working

As the employer if you agree to the employee's request, or if a modified or an alternative arrangement is agreed after consulting with the employee, the written decision should confirm the details of the agreed arrangement.

The written decision should offer the employee an opportunity for a discussion to clarify any further information that may be helpful in implementing the agreed arrangement.

This might include:

·         Agreeing dates to review how the arrangement is working.

An accurate record of any such discussion should be kept in writing.

The employer and employee may mutually agree that such a discussion is not necessary.

However, it is in the best interest of employee and employer to keep a formal record in most cases.

Benefits of flexible working

Flexible working has become more popular over the last few years. And it’s not hard to see why the idea appeals to staff. Benefits often cited by employees include comments such as:

·         An end to early alarms clocks.

·         An end long commutes into work.

·         Avoiding rush hour traffic.

·         Fuel and parking cost savings.

·         No competition with colleagues to see who can stay at work the longest.

Benefits for employers?

·         A Boost in employee productivity

·         Improving work like balance

·         Reduction in employee absenteeism

·         Helps attract new recruits and the best talent

Possible disadvantages?

·         Less productivity

·         Procrastination

·         Home working environment not suitable

·         Harder to track what employees are doing

·         Creates mistrust

·         No collective organisational experience in one centralised workplace

There is no one fit solution to flexible working and each organisation has its own dynamics and needs. Employers will have to balance the needs of the organisation against legislation such as:

·         Flexible working regulations 2024

·         Employment Rights Act 1996

And

·         Equality Act 2010

When now considering a request for flexible working arrangements from April 2024

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