Flexible Working Requests

The way we work is changing and flexible working has become a central feature of modern employment law following the COVID-19 pandemic. As staff expect more flexibility and freedom, the law continues to evolve to embrace and support this shift in workplace culture, bringing new opportunities but also new responsibilities for employers.

What is Flexible Working?

Flexible working is a broad phrase used to cover any pattern of working adapted to suit an individual’s needs, which may include:-

• Remote working
• Hybrid working
• Part-time working
• Compressed hours
• Job sharing & more

Employees can make a statutory request for flexible working and employers are legally obliged to follow a fair process when handling it.

Flexible working can provide a range of benefits for both an employee and the employer:

1. Increased productivity and efficiency: happier employees tend to perform better

2. Improved work-life balance: by giving individuals increased autonomy to create a schedule that benefits and aligns with their physical and mental health

3. Enhanced employee satisfaction and retention: providing employees with greater freedom, allowing them to alter their working patterns to better suit their individual needs, significantly reduces their stress and as a result typically suggests that they are more likely to stay with an employer for longer

4. Support for diversity and inclusion: an absence of flexible working arrangements can disproportionately impact marginalized groups, such as pregnant women or individuals with long-term disabilities or health conditions

However, the concept of flexible working does not come without concerns:

• Inconsistency: If requests are handled differently between employees, it could give rise to allegations of unfair treatment and discrimination, not too mention disgruntled employees

• Legal risk: Failure to comply with fair procedures and legislation could give rise to claims before the Employment Tribunal

• Operational challenges: Employer’s may struggle to operate with a range of different schedules, resulting in obstacles to clear and consistent communication. Reduced staff interaction and a diminishment in networking may affect collaboration between departments and teams

• Changes to workplace culture: Issues may arise from social isolation and a lack of staff interaction and reduced communication. This may exacerbate stress levels or isolation and make it harder to build a positive workplace culture

• Uncertainty: Some employees do not want the responsibility of determining their own work activities such as where, when and how they work

Recent changes to the law

Until recently, an employee had to have attained 26 weeks’ continuous service before they could make a formal flexible working request. This changed following the implementation of the Employment Relations (Flexible Working) Act 2023 which came into effect in April 2024 and brought a variety of amendments:

• Employees gained a day-one right to request flexible working
• Employees can make two requests in any 12-month period (increased from one)
• Employees no longer have to explain the impact on business
• Employers have two months to decide upon the request (reduced from three months)
• Employers must consult with employees before rejecting a request

These changes have been welcomed by many especially employees, but it is crucial that employers ensure they are compliant with the laws. Employers should act fairly, giving requests reasonable and equal consideration and consulting with employees where necessary, to avoid potential consequences such as:

1. Employment tribunal claims covering issues such as discrimination, constructive dismissal and breach of contract
2. Reputational damage
3. Lower staff morale and job satisfaction resulting in increased staff turnover

Flexible working is here to stay, and the law is swiftly evolving to reflect this new reality. The Hibberts Employment Law Team in Crewe are here to help employers stay compliant while building flexible working policies which support both employee wellbeing and operational needs. Hibberts can assist employers in:

• Drafting or updating flexible working policies
• Advising on specific employee requests
• Representing clients in disputes or tribunal claims

We can also advise employees in relation to flexible working requests, internal appeals process and Employment Tribunal litigation. For further information, please contact our Employment Law specialists by calling 01270 624225 or email enquiries@hibberts.com