Flexible working has firmly moved from being a ‘nice to have’ to an expected part of working life. Since April 2024, changes introduced through the Employment Relations (Flexible Working) Act 2023 (which amended the Employment Rights Act 1996) have changed how requests should be handled.
Two years on, these aren’t ‘new’ changes anymore…they’re the standard. Part of the everyday. But now, the focus for employers is getting it right in practice.
In this guide, we’ll walk you through what flexible working looks like today, what the law requires, and how to approach requests in a way that works for both your people and your business.
What is Flexible Working?
Before we look at what has changed in the world of flexible working, it’s important to understand what it is.
Flexible working is typically associated with part time hours, but there are many more options to consider. Flexible working is essentially a way of working which is anything other than the typical 9-5, Monday – Friday, office-based working. Working flexibly aims to support employees who may have commitments during those hours, such as childcare or higher education courses. Flexible working can really boost a positive company culture by offering employees autonomy in their roles. This also demonstrates a level of trust in your workforce which in turn boosts engagement.
Examples of Flexible Working Patterns:
- Part-time
- Job share
- Term-time
- Compressed hours
- Annualised hours
- Zero hours
- Flexitime
- Results only work environment (ROWE)
- Commission based
- Hybrid working
- Remote/home-based working
- Career breaks
What the Employment Rights Act says now
The statutory right to request flexible working sits within the Employment Rights Act 1996 (sections 80F–80I), as amended.
Here’s what that means in practice today:
- Day one right: Employees can request flexible working from the first day of employment
- Two requests per year: Employees can make up to two statutory requests in any 12-month period
- Two-month decision timeframe: Employers must handle requests (including any appeal) within two months, unless agreed otherwise
- Duty to consult: Employers must engage with the employee before refusing a request
- Simplified application: Employees no longer need to explain the impact of their request on the business
It’s important to remember: Employees have a right to request, not an automatic right to work flexibly.
Employers can still refuse requests, but only for one (or more) of the eight statutory business reasons set out in the Employment Rights Act.
What’s changed with flexible working since 2024?
Whilst the legislation itself hasn’t materially changed since April 2024, expectations have.
Flexible working is now:
- More visible in recruitment (candidates expect clarity upfront)
- More commonly requested across all levels of seniority
- More closely scrutinised if requests are refused
There’s also been a noticeable change in how tribunals view these cases, particularly where employers haven’t demonstrated meaningful consultation or a fair process.
The Benefits of the Changes to Flexible Working
Many organisations and those in the HR field believe these changes have been a long time coming. And, the pandemic created a non-reversible movement in favour of flexible working. The future changes to flexible working legislation will only reinforce this seismic shift in ways of working.
Here are some positive by-products:
A Positive Change in Workplace Culture
Working flexibly will become the default position moving forward, removing the rigidity of the ‘9-5’. These changes encourage organisations to treat people as human individuals, rather than a number on the payroll spreadsheet. Acknowledging where people have different life commitments and need to work in different ways will cultivate a culture of inclusivity and enhance psychological safety in the workplace. The changes to flexible working give employees the confidence to make a request for flexible working with the comfort of knowing they are now protected by law to do so.
Improvements to Recruitment and Retention
As a result of the ‘Great Resignation’, attracting and retaining top talent is harder than ever and organisations are still feeling the effects of the reshuffle in the labour market. Research shows that Gen Z value flexibility in working, providing them with a better work life balance. This movement towards flexibility will not only assist with recruitment efforts by widening your pool of talent and thus attracting potentially better candidates, but also help you to retain the employees you do have.
Advancements in Productivity
Flexible working allows people to work when they are most effective. If you have a workforce which is productive, and working effectively and efficiently, your profit will inevitably increase. Organisations will get the most out of their employees when they allow them to work flexibly, if traditional office hours are not suitable.
Progression in EDI
Allowing employees to work flexibly can also support an organisation’s EDI (equity, diversity and inclusion) strategy by providing more opportunity to underrepresented groups, such as working mothers. Forbes research shows that a diverse workforce can also lead to financial returns. The changes will support accessible ways of working, helping people with disabilities to access work in a way that accommodates their individual needs.
The Potential Challenges of Changes to Flexible Working
It’s key to not only embrace the positive changes, but also be prepared for the possible pressure points. Here are some ways in which challenges with flexible working may manifest in your workplace:
Additional Admin for Line Managers and HR
One outcome of the changes to flexible working will likely be an increase in the number of flexible working requests submitted by employees. This will lead to an additional administrative burden on line managers and the HR function.
Extra Meeting Obligations
There is now an obligation to meet with every employee to consider alternatives to their flexible working request, if the organisation is unable to support the change. As a result, line managers may find themselves spending additional time not only processing and responding to the request itself, but considering other options to propose to the employee and also dedicating time to consult with the employee about these options.
More Pressure to Consider and Respond to Requests
Line managers now have less time to consider the request and make a decision as to whether the change would work for their organisation than previously. This will undoubtedly lead to conflicting operational priorities and deadlines, which may have a detrimental impact on line managers’ capacity.
What employers should be doing now
The updates to legislation over recent years mean that employers need to change the way they process and respond to flexible working requests. It is essential that organisations do this proactively, rather than retrospectively, to ensure that there is consistency in the way requests are being handled. Here are some of the main areas you need to make sure you’ve reviewed and updated following these changes:
Update Policies and Processes
Employers need to review their current policies and procedures that address flexible working. Depending on the way your organisation holds this information, you may also need to consider updating your employee handbook or recirculating the updated policies. The areas that will need to be revised are the eligibility criteria, the process for submitting and responding to requests and the lead times for receiving a decision.
Train Line Managers and Supervisors
It is essential that line managers are made aware of the changes to legislation and internal processes so they can manage requests accordingly. Training line managers is key to ensuring consistency in the organisation’s approach to flexible working requests.
Consider Alternative Ways of Working Flexibly
To prevent a potential bottleneck, it may be beneficial for your organisation to consider how flexible working would be viable and sustainable in your workplace. Flexible working isn’t suitable for all organisations, for example customer facing roles may dictate when employees work. However, if organisations think about possible workarounds ahead of time, this might save time when dealing with future requests.
To Sum Up
We are in a new era of flexible working.
It is important to highlight that these changes mean that employees have the right to request not the right to work flexibly. The eight reasons to reject a flexible working request remain the same. Although organisations should consider all possible ways to support their workforce in working flexibly, it does have to be operationally viable and sustainable.
How we can help
If you’d like help with flexible working in your organisation, just reach out to our friendly team on 0330 223 5253 or connect@fitzgeraldhr.co.uk.
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