The Flexible Working Bill received Royal assent on 24th July 2023, the changes and impact will not come into effect until 2024 but we like to stay ahead of the curve. In this blog, we will explore the implications of this bill on UK businesses, employees, and the broader work culture.

1. Understanding the Flexible Working Bill

The Employment Relations Flexible Working Bill was designed to change the way we work, it recognises some of the challenges felt by some groups of working people and in theory makes it easier for employees to ask for flexible working. 

We can’t talk about the Flexible Working Bill without explaining what Flexible Working is:

Flexible Working is moving away from the traditional need to be in the office or place of work 9 am to 5 pm at least 5 days a week. Some examples of flexible working include:

  • Working from home sometimes or at all times.
  • Changing working hours could be a reduction of hours, working core hours or condensing shift patterns.
  • Job sharing.
  • Moving from full-time to part-time.

Our view is that although employees will be able to request flexible working more often and potentially sooner than before, the reality of the impact may not be as strong as intended. Here’s why:

2. The Right to Request Flexible Working from Day One

At the moment, an employee only has the right to make a flexible working request once they have 26 weeks of continuous service.

The new Flexible Working Bill means that employees will still need 26 weeks of service in order to make this request BUT… the government has suggested that they might reduce this to a Day One right in another bit of legislation.

We will keep an eye out for the ‘Day One change and blog about it if and when it happens.

3. Two month time limit for an employer to respond.

When the new Flexible Working Laws come into effect employers will have to respond to flexible working requests within 2 months unless an extension has been agreed.

4. Employees can make more than one request.

At the moment, employees can only make one request in a 12-month period, the new laws on flexible working will allow people to make two flexible working requests within a 12-month period.

5. Employers will need to consult with employees and provide an explanation as to why a request is or is not approved.

There is no obligation for employers to make flexible working arrangements but they should consider and discuss these requests in a fair and reasonable manner. However, there is no minimum standard on what is fair and reasonable.

6. Potential Impact on Employers

While the bill represents a step towards a more adaptable and modern work culture, it may pose challenges for some employers. These challenges include:

a) Operational Adjustment: Businesses may need to re-evaluate their operational processes to accommodate flexible working arrangements while ensuring productivity and efficiency are maintained.

b) Managing Workloads: Employers must ensure that workloads are distributed equitably among employees, regardless of their working patterns, to prevent burnout and maintain a healthy work environment.

c) Communication and Team Cohesion: With employees working at different times or locations, effective communication becomes crucial. Employers should consider investing in suitable technologies and strategies to foster collaboration and maintain team cohesion.

d) Legal Compliance: Companies need to navigate the legal aspects of the bill carefully to avoid potential disputes or non-compliance issues.

7. Benefits for Employers

Despite the challenges, the Flexible Working Bill also presents several benefits for employers:

a) Attracting Talent: Offering flexible working options can make a business more attractive to top talent, leading to higher retention rates and improved recruitment prospects.

b) Enhanced Employee Engagement: Empowering employees with flexibility can boost their morale, job satisfaction, and overall engagement with the company.

c) Productivity and Performance: Studies have shown that employees with flexible working arrangements can be more productive and deliver higher-quality work.

d) Cost Savings: Embracing flexible working may allow businesses to reduce office space requirements, resulting in cost savings.

8. Employee Perspectives

The Flexible Working Bill is likely to be well-received by employees for the following reasons:

a) Improved Work-Life Balance: Flexibility enables employees to better manage personal commitments and achieve a healthier work-life balance.

b) Reduced Commute: Flexible working can significantly cut down commuting time, leading to less stress and a positive impact on the environment.

c) Individual Needs Consideration: Employees with specific needs, such as parents or individuals with health conditions, can tailor their work arrangements to suit their circumstances.

Conclusion

As the Flexible Working Bill becomes law, it opens up a new chapter in UK employment practices, shedding light on adaptability and employee well-being. 

While employers may face initial challenges, embracing flexible working can yield numerous benefits for both the workforce and businesses. By carefully navigating the legal landscape and proactively implementing suitable strategies, companies can thrive in this new era of work.

In reality, as there is no minimum standard of consultation and employers can still refuse flexible working requests, we may see less change than anticipated.

For expert guidance on understanding and implementing the Flexible Working Bill, reach out to our Employment Law and HR experts today at http://www.orchardemploymentlaw.co.uk

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