Employment Law outlook for 2023 – changes to flexible working requests

One of the upcoming changes to employment law in 2023 is a private member’s bill extending rights around requesting flexible working, explains HR Dept.

Flexible working refers to an adaption or modification to an employee’s work schedule to suit their needs. Post pandemic, home working (or a combination of home and office working, termed hybrid working) has become very popular, although we are seeing some return to the office after a year or two of flexible working given the cost of heating homes. However, it is worth keeping front of mind that flexible working is not limited to working from home. It could mean starting and finishing earlier (or later), job-sharing, compressed hours (working the same number of hours in fewer days), in fact anything that deviates from that traditional nine-to-five office-based view… 

Flexible working must always work for the business too, and for some it simply will not be possible. Although the definition of flexible working is often geared towards benefitting an employee, a business can also see many benefits when adopting more flexible practices. By embracing flexible working where possible, there are opportunities for you to extend the base from which you recruit and create opportunities for a happier, more productive workforce who can properly balance their work and home lives. Just make sure you are tuned in to what employees want so you are not wasting money on empty gestures.

What are the benefits of welcoming flexible working practices? Businesses that can permit flexible working may see the following benefits: 

• Staff retention 

• Happier and healthier employees 

• Increased productivity 

• Better collaboration 

• A wider talent pool for recruitment 

The new rules under the private member’s bill will give employees a day-one right to request flexible working (down from 26 weeks). This means that although you may have advertised a vacancy as full-time office based, a new employee could put in a flexible working request to, say, work 3 days in the office and 2 days from home on their first day in work. It won’t be enough to say that the vacancy was advertised as office based and they accepted the job offer, you will need to deal with the request properly.

The employer’s response time for dealing with such a request will also reduce from three months to two, so you will need to ensure any request is dealt with promptly – don’t hope it will be forgotten if you don’t deal with it.

Finally, at present, employees have to explain how you could accommodate their request and this is changing so that you must now consult and explore options with your employee. This is not to say that you have to bow to every whim. 

There are many reasons why an employee might submit a flexible working request as it will come down to their specific needs. For example, flexible work requests often come from employees caring for dependants, who need to balance caring or childcare responsibilities with work. 

Employees are legally permitted unpaid time off to deal with an emergency involving a dependent, but a request for flexible working is different and may facilitate their needs better in the long term. Working parents and carers are not the only ones who may need flexible working, however, and every request will need to be treated fairly and avoid claims of discrimination.  

You can still refuse a request but need to justify your reasons for declining the request in writing. Remember that they should reflect the needs of your business. It is a good idea to consult with the employee to explain your reasons further. Be creative. You may find an alternative solution that caters to both their needs and the needs of your business. This will help prevent relations turning sour and leading you down the tribunal route. Even if it eventually did, the fact that you attempted to explore different solutions to the problem would help your defence.

If you decide that a flexible working arrangement can work for your business, you’ll need to change the terms and conditions in the employee’s contract. We advise seeking expert HR support when amending contracts.

Having a company policy on your approach to flexible working is beneficial as it sets expectations and reduces the risk of misunderstandings. 

To find out more about flexible working in your business, contact your local HR Dept today.

The HR Dept is now the UK’s largest network of HR professionals providing outsourced HR support. Our clients vary, from tiny start-ups to established brands, across all industries.  We pride ourselves on delivering cost-effective employment law advice and HR solutions that leave you free to concentrate on growing your business.

Your local HR Dept office is Sussex-by-the Sea:

Contact Kirsti Peters, HR & Business Support Coordinator
SBTSinfo@hrdept.co.uk
Tel: 01323 403500 or 01243 214404