01327 317537 info@actifhr.co.uk
Select Page

In recent years, technology advancement has facilitated the growth of remote and hybrid work models. This has meant that not only is flexible working very much the norm, but it’s also expected.

In April 2024, flexible working rights were extended giving employees the right to make 2 flexible working requests in a 12-month period from their first day of employment.

Day one right

As part of the new Employment Rights Bill, Labour has taken this one step further and intends to make flexible working a default right from day one, where it’s practical and reasonable to do so. This will mean that in many instances, employees will be able to tailor work schedules to fit their own personal circumstances.

Having the ability to request flexible working from day one of employment has many benefits. For employees, it should enable more people to access and stay in work. It will also benefit employers in terms of improving wellbeing and morale and reducing sickness and turnover.

Prepare for success

It goes without saying that employers should already have made significant preparations in anticipation of these changes namely:

  • Consulting with employees to explain the new process in more detail
  • Reviewing and updating relevant communications, timings, policies and procedures
  • Ensuring that flexible working conversations are part of the recruitment process
  • Making relevant changes to staff handbooks and contracts of employment
  • Education and training of managers on the policy changes and time frames for responding to requests

It’s also worth pointing out that every request should be handled in a reasonable manner. This means:

  • handling all requests in line with your organisation’s policies and the Acas Code of Practice
  • considering requests in order of the date you received them
  • basing your decision on facts, without making assumptions
  • making sure managers understand the procedure for handling flexible working requests
  • making a decision in a reasonable time limit
  • communicating your decision clearly, including the reasons behind it
  • offering the employee the opportunity to appeal the decision

Employers can refuse flexible working requests if there is a genuine business reason. However, you must consider every request carefully and explain the reasoning for any refusal to the employee in a reasonable way. There for eight reasons for refusal – see below.

  1. The request would cause extra costs that would damage the business
  2. The work cannot be reorganised among other staff
  3. The business cannot recruit people to do the work
  4. The request would affect the quality of the work
  5. The request would affect the performance of the work
  6. The business cannot meet customer demand
  7. There is not enough work to do during the proposed working times
  8. The business is planning changes to the workforce

It’s worth pointing out if an employee has made a flexible working request because of caring responsibilities, they will have the additional protection from discrimination provided by the Equality Act 2010 if you say no!

How can I help?

If you are looking for tailored help and support so you are ready to handle flexible working requests, then please email caroline.robertson@actifhr.co.uk