The Flexible Working Act came into force on 6 April 2024 across England, Scotland, and Wales. And it’s turned the tables back in the employee’s favour.

Employees now have a right to request a change to when, where or how they work, and that right applies from the first day of the job. Before the Act, they could only make a request after being with the organisation for more than 26 weeks.

They can also make two statutory requests in a 12-month period (it used to be only one). And the new legislation has removed the onus on them to explain what impact the change will have on their employer.

From the employer’s point of view, they now have a legal obligation to consult with employees before rejecting their flex working request. Plus, they have to give decisions sooner, answering the request within two months instead of three.

Flexible working seems to be splitting the sector

The Act will be more relevant to different types of organisations within the public sector, depending on the sort of work they do. But for those that can be more flexible, the appetite at senior level can differ greatly.

Some organisations are closing offices, reducing workspaces and increasing flexibility. While others are doing the opposite – spending more than 60% of their working week in the office, and expecting the rest of their people to be doing the same.

It could be a risky strategy, though. The Public and Commercial Services Union recently surveyed its members on return-to-work policies, and found that 40% of its members are now considering leaving the sector in response to these new expectations.

Pushing back could put the sector at a disadvantage

Multiple studies have also proven that those who embrace flex working can attract more talent, keep them motivated, and reduce staff turnover.

The then Business and Trade Minister, Kevin Hollinrake, echoed that sentiment when he commented on The Act last year:

“Not only does flexible working help individuals fit work alongside other commitments – whether it’s the school drop off, studying or caring for vulnerable friends and family – it’s good business sense too, helping firms to attract more talent, increase retention and improve workforce diversity”.

How to manage your new flexible working risks

Whatever your flexible working policy, it’s important you now include guidance around The Act in your management training, so your leaders know how to respond to requests when they receive them. And they’re not being caught out by not following the right procedure.

For example, employers now have to explain why they’re turning down a flexible working request, whereas previously they could deny them without having to provide a reason.

Embracing the Act is more than just adhering to the regulations – it means fostering a workplace culture that prioritises employee wellbeing, efficiency and inclusivity.

The employer could face a claim for indirect discrimination by non-parent and carer employees, for example, if it consistently gave more weight to requests from parents. It’s vital the organisation sets out a clear decision tree and parameters for managers to follow to ensure each request is treated fairly.

Where to access support

The Advisory, Conciliation and Arbitration Service (ACAS) have updated their Code of Practice in response to the legislation.

It provides employers, employees and representatives with a clear explanation of the law on the statutory right to request flexible working, alongside good practice advice on handling requests in a reasonable manner.

Access it here: https://www.acas.org.uk/flexible-working.

Sources:

https://www.gov.uk/government/news/millions-to-benefit-from-new-flexible-working-measures

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