Flexible Working Changes - What’s our view…really?

You probably heard that back in December, the UK Government announced new plans for flexible working, something that’s been in process for a while following the 2021 consultation on flexible working regime. 

So firstly, let’s take a look at the key areas employers should be aware about….

1. The big one…employees will have the right to request flexible working from day one of employment (removing the current 26 weeks service` currently needed to apply).
2. Employees will be able to make two applications for flexible working per year instead of the previous one application per year rule. 
3. There will be a reduction in time period for employers to consider a request. This will reduce from three months to two months. 
4. Employers will be required to consult with the employee to explore options available before rejecting a request.
5. Employees no longer need to outline in their request how the effects of their flexible working could be handled by the employer.
6. Current business reasons used for being able to reject a flexible working application will remain the same.

Okay, so let’s start tearing this apart….

We’re in 2023 now….and we think it’s about time that more businesses start to think more flexibly about attracting and retaining talent, especially where we see talent shortages all the time in the creative sector. Being open to receiving applications from candidates who are looking to work flexibly is a key part of this and will help to widen that talent pool for employers. 

Working flexibly doesn’t simply mean reduced hours/days or working from home, but can include things like job-sharing, compressed hours, 9 day fortnight, annualised hours etc.  We always encourage our clients to be open to listening to candidates requirements from the get go, understanding how you can work together to meet both of your needs. This way, if someone is looking to work flexibly from the onset, then you will already have a good understanding of this, instead of potentially being blindsided when you hire someone on a full time basis under set hours, to then be slapped with a flexible working request on day one of employment under the new legislation. 

Something to be mindful of as well - sections 47E and 104C of the Employment Rights Act state the prohibitions on detriment or dismissal of an employee for making a flexible working application. These will presumably now also apply from day one, placing added burden on the employer to wholly substantiate the reason - not really a position you want to be in when you’ve just hired someone. Simply avoid all of this by being open to discussing flexible working with any prospective candidates during your recruitment process and you’ll be in a far better position. 

In regards to the two applications per year rule…we don’t believe that people’s lives run on a “yearly” basis and quite frankly, people tend to apply for flexible working when something in their lives dictate the need for it…not because it’s a new year. We agree however with the reduction in timescale for considering a request, because let’s face it…if you can’t decide within 3 months whether you can accept an application or not, you probably don’t have a justifiable reason for not accepting it. 

The introduction of a requirement to consult with employees to explore options before rejecting a request - no real change here apart from this now being described as an obligation to “consult”. As it stands, in good practice, all employers should be having a discussion with the employee around their application, the impact of this and any potential alternatives to the original proposal which may work better for both parties. However, linking in with this is the removal of the need for the employee to state in their application how they believe the employer could handle any effects of their flexible working request….surely this is counterintuitive as both the employee and employer are going to have to consider this as part of the process anyway. Some may see it as good riddance to the extra admin, but we’re a bit baffled by this one and don’t see why this needed to be removed. 

When it comes to the end of the process, where employers genuinely have a reason for not being able to accept a request, then they will still be able to rely on the 8 existing business reasons used currently, which is fair. 

The new legislation hasn’t kicked in yet, but we’ll be sure to let you know once this is live. 

What are your thoughts on the new proposals? Do you love them, hate them, indifferent? Have you considered how this may affect your business or recruitment processes? We’d be keen to hear, so please reach out to us with any thoughts using our contact button below.