How to Handle Flexible Working Requests

Remote working is the future of small business, or so the facts and figures seem to show:

  • One in four UK workers now work a hybrid week, which means they work remotely or from home at least some of the time
  • Over half of UK employers now offer remote work, which is a statistic that spiked following the Covid pandemic when home-based work was the only option for many
  • ‘Remote jobs’ is now searched on Google more than 18,000 times every month in the UK, which is an increase of over 400% in the last five years

These numbers go to show that, despite more office-based work making a comeback post-Covid, remote work is still the preference for a significant portion of employers and employees.

Remote and hybrid work is all part of a more flexible way of working that many modern business owners and their staff prefer.

Flexible working isn’t only about location (i.e. where people work) though. It’s also about how and when employees work and following recent changes to UK law, employees have more autonomy over this than ever before.

What is flexible working?

The term ‘flexible working’ covers a variety of scenarios, most of which represent a break from traditional 9-to-5 office-based working.

  • Part-time hours: Fewer hours than standard full-time hours, this could be shorter working days or fewer working days in the week
  • Flexitime: Working flexible hours, outside of standard working hours, that fit around personal commitments or personal needs
  • Compressed hours: Working longer hours over fewer days, e.g. working 10-hour days compressed into a 4-day week
  • Term-time hours: Working hours that correspond with term time so a parent or carer can be off work during the school holidays
  • Job sharing: Multiple people working part-time hours to cover a full-time role
  • Remote or hybrid work: Working from home or a remote location for some (or all) of the working week

Allowing employees to work in these flexible ways can have benefits for an employer too, including lower overheads, retention of talent, reduced absenteeism and a happier, healthier workforce who are more motivated and productive.

The new flexible working regulations

Under new regulations that can into force on 6th April 2024, UK employees now have the right to request flexible working arrangements from their very first day of employment.

Previously, employees were only allowed to request flexible working once they had been with their employer for 26 weeks. Staff can now also make two requests in any 12-month period.

This covers all kinds of flexible working requests, including part-time, term-time, flexitime, compressed hours and alternative working locations (i.e. remote and hybrid work).

The word ‘request’ is important here because an employee can request flexible work, but it doesn’t mean their employer has to automatically grant it.

If a job requires somebody to work during specific hours or if they need to be on-site at particular times, an employer can reject the request. What is important is that an employer can’t reject a request unfairly, and all legalities and policies need to be adhered to.

How do employees make a flexible working request?

An employee who wants to request flexible working will need to write a letter or email to their employer. It should be clearly labelled as a ‘statutory request for flexible working’ and describe the desired change to working arrangements.

There are templates on the GOV website that employees can use to form their written request.

The employee isn’t legally required to explain why they would like to change their working arrangements, but it may support their request when the employer is making a decision.

What key steps does an employer need to take?

Employers have up to a maximum of two months to respond to a flexible working request, but it’s generally accepted that the sooner you can reply, the better. Don’t forget to document the process to ensure all decisions and communications are recorded.

Accepting a request

If you’re happy to accept the request, you can go ahead and agree this with the employee. Once the agreement has been made, this will need to be reflected in an updated version of the employee’s contract.

An employment contract should be updated as soon as possible once the request has been accepted. However, an employer legally has 28 days to do this.

Rejecting a request

If you don’t want to accept the request, this will require further discussions either to let the employee know why you’re declining their request or to chat through negotiations.

You will need to provide a fair and valid reason for a rejection and meet with them to communicate this decision. Where possible, you might also consider exploring other options – at the very least, it shows that you’re trying to meet their needs.

Stay on top of the rules and regulations

It’s important to ensure you’re always up to date with your obligations as an employer so you’re always in line with the law.

Some other things to consider

If flexible working isn’t something you already offer employees, the change can feel daunting or challenging to navigate. Here are some things that will help.

Offer a trial period of flexible working

You could trial flexible working with employees before making it a permanent fixture. Just make sure that the terms of this trial period are clear from all sides and that there are clear steps in place for when it ends.

Make sure managers are trained

Ensure any managers or team leaders in your business are up to speed with all the latest flexible working employment laws. This will help ensure everything runs smoothly and without you having to worry or micromanage.

Update your employment benefits

More people are looking for employers that offer flexible working than ever before. So, if it’s something you are willing to offer, we’d recommend adding it to your list of employment benefits when recruiting.

This will help you attract the top talent in your industry and retain them once they’re on board.

 
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