Flexible Working
Flexible working rights in the UK were updated on 6 April 2024, marking the first legislative change in this area since 2014. The Employment Relations (Flexible Working) Act 2023 introduced these updates, which reflect the growing importance of flexibility in modern working life – particularly following the widespread adoption of hybrid and remote working post-pandemic.
While the changes may appear modest, they do alter how requests must be handled. Employees now have greater access to flexible working, and employers are subject to tighter timeframes and new consultation duties.
In practical terms, this means the process has become more structured and legally sensitive. Taking the right approach from the outset is essential to avoid legal exposure and maintain good employee relations.
What’s new:
There are several key changes. While not exhaustive, the following highlights some of the most important updates to be aware of:
- Employees now have the right to request flexible working from day one of employment.
- Employees can now make two statutory requests per year, and the employers must respond within two months (unless an extension is agreed).
- There is now a statutory requirement to consult with the employee before refusing a request. Whilst this does not necessarily need to be overly formal, the expectation is that the employer will approach this with an open mind and be willing to engage in compromises or trial arrangements.
- Employers can still refuse requests based on the eight established business grounds.
Grounds for refusal:
Any refusals should be made on one (or more) of the following grounds:
- The burden of additional costs.
- Detrimental effect on ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Inability to recruit additional staff.
- Detrimental impact on quality.
- Detrimental impact on performance.
- Insufficiency of work during the periods the employee proposes to work.
- Planned structural changes.
Some Common Misconceptions
It’s not just working from home: One common misconception is that flexible working is synonymous with remote or hybrid working. This is incorrect – the right to request flexible working covers any change to when, where or how an employee works. This could include part-time hours, compressed weeks or a staggered start (to list a few). These arrangements can be permanent or temporary – for instance, they could be used to support someone studying or caring for an individual temporarily.
It’s different to reasonable adjustments: Flexible working requests are available to all employees, subject to business justification. Reasonable adjustments are a legal duty under the Equality Act 2010, specifically for disabled employees. Confusing the two can lead to discrimination claims and legal liability. It is crucial that managers understand the distinction between the two to ensure compliance and fair treatment.
Practical guidance for employers:
- Update policies and training to ensure that line managers are trained, and policies are clear and up to date.
- Make sure that consultation meetings are timely, documented and open-minded; consider trial periods where it may be feasible.
- Ensure your practices are in line with the ACAS Code of Practice. For instance, whilst not legally required, allowing employees to bring a colleague or union representative to meetings.
- Respond within the two-month period (including any appeal process).
- Ensure that even informal requests are handled correctly, as these can still give rise to discrimination risks.
- Distinguish between reasonable adjustments and flexible working requests.
Moving forward:
Flexible working is here to stay – and the legal landscape around it is continuing to evolve. The Labour government’s proposed Employment Rights Bill could include provisions that further strengthen employees’ rights surrounding flexible working.
As such, it’s essential that employer’s approach flexible working requests proactively and consistently. This will manage risk, maintain trust and support a modern workforce.
We understand that every situation is different. Our employment team offers tailored support to help you navigate these changes with confidence. We can assist with reviewing and updating flexible working policies or even manging complex/sensitive requests.
