Flexible Working: What It Means for You

By Fay Capstick

Since April, workers have had the right to ask for flexible working from their first day of employment. This week we shall examine what this means for you and what changes it might bring to working culture.

What has happened?

On 6th April UK law changed, giving workers new rights as the Employment Relations (Flexible Working) Act 2023 became law. This changes the rights that an employee has to ask for flexible working. An employee can now make a formal flexible working request from their first day of employment, rather than having to wait to accrue 26 weeks’ continuous service first.

What constitutes a flexible working request?

A flexible working request means changing how they work to be more flexible. This can include hybrid working (work split between home and office), working part-time, remote working, job sharing, and compressed working (where the same hours are worked over fewer days, typically the same hours over a four-day week).

Can you tell me more about what has changed?

Yes, an employee can now make two flexible working requests yearly, when previously they could only make one.

Does an employer have to grant the request?

No, importantly they do not. However, before they can refuse a request they have to talk to the employee first, they cannot just offer a blanket refusal.

Do employees have to give a reason to request flexible working?

This is another change. Before, an employee would have been required to give a reason for their request, now they do not. This is important as it means that, should they choose, an employee does not need to disclose any health or sensitive family situations that might be the reason behind their request.

Why would someone make a flexible working request?

This can be for many reasons, but it is important that a reason does not have to be given.

A request could be due to a sudden change in the health of a family member or a change in home-life circumstances. These reasons still seem to disproportionately impact women workers more, due to caring responsibilities for children and the elderly falling to women so this change will be positive news for female workers.

Flexible working is the future

Many workers would like to work flexibly. For younger workers entering the workforce, it is something they will expect as standard. It means workers can better fit their lives around their jobs and other responsibilities.

What does it mean for employers?

For employers, it means that they will have to come up with ways to ensure that there are no gaps in the performance of their teams, so a little more planning will be required.

The huge bonus is that a staff that can work more flexibly will be more loyal and committed. and staff retention will be improved. A more committed and loyal workforce will also be happier and more productive.

In fact, advertising your jobs as having a flexible working option will increase the number of potential applicants. Being seen as an inclusive employer is also excellent for your brand image.

What can I do to help?

As an employee, it would help to be open and honest about your personal situation (should you be happy disclosing it). This means that your employer will know the circumstances behind your request and be better able to work with you to find methods of working that suit everyone.

As an employer, make sure you keep open and judgement-free channels of communication with your workforce. The more you are aware of your staff’s lives the better prepared you can be to anticipate requests. Line managers will need to be able to plan and adjust to ensure that any potential gaps in cover are filled, and this may mean that you need to make some changes to your operating methods.

Any other changes?

Yes, the government want to ‘strengthen’ plans to increase flexible working (according to the BBC). This would go further than the current legislation and would mainly focus on giving the option for a four-day working week (on the same pay, and same total hours). This is already common in the Civil Service and other sectors so there is precedent to show it works and does not result in any drop in productivity.

The government correctly believes that a four-day workweek is good for productivity and morale. Working parents would save on the costs of childcare one day a week, and those who have to commute would save on travel costs.

Another suggestion is that it could be harder for employers to refuse any requests for flexible working.

What do we think?

We think this is good news for workers and for employers. If someone wants to work flexibly and the request is granted, a worker is likely to be more productive and loyal and can potentially use the extra time for good causes, such as volunteering.

However, it won’t suit all workers and all industries. This is mainly only a boon for office and desk-based workers, and on the whole, we have been benefiting from more flexible working for many years thanks to fast internet rollout across the country. It is harder to see how it could work, for example, in the construction trade. Workers who have more physical jobs, such as supermarket workers or drivers, are also unlikely to want to work longer daily hours.

We think giving everyone the right to choose how they work, where practical, is a great step towards a happy, healthy, motivated workforce. We await with hopeful interest the next changes to workers’ rights which should come later in the autumn.

Final thoughts

At Parker Shaw we have been at the forefront of the sector we serve, IT & Digital Recruitment and Consulting, for over 35 years. We can advise you on all your hiring needs. If you are looking for your next job in the IT sector please check our Jobs Board for our current live vacancies at https://parkershaw.co.uk/jobs-board.