In a significant development for the UK labour market, the government has
introduced new legislation that allows employees to request flexible working
arrangements from their first day of employment, effective from 6th April 2024.
The changes represent a shift in the way we approach work-life balance and
accommodate the evolving needs of workers.
What’s New in the Legislation?
Before the changes, employees needed to have at least 26 weeks of service to
make a statutory request for flexible working. The new legislation, however,
grants this right from day one.
In addition, employees can now make two requests for flexible working in any
twelve-month period, rather than being limited to one request per year.
Employers are required to make a decision on the request within two months of
receiving it. Previously employers had three months to make a decision on the
request.
Another crucial change is that employees no longer need to explain the potential
impact of the flexible working request on their employer or how any such impact
could be addressed. This reduces the burden of proof on the employee and
encourages a more open dialogue between employer and employee.
Benefits for Employees and Employers
The new legislation empowers employees to strike a better work-life balance by
enabling them to tailor their working arrangements to suit their individual needs.
This flexibility can improve overall wellbeing, boost employee satisfaction, and
increase productivity.
For employers, the legislation presents an opportunity to attract and retain top
talent by demonstrating their commitment to supporting a healthy work-life
balance. Additionally, embracing flexible working practices can lead to many
other benefits, including;
Increased employee engagement
Trusting employees to work flexibly fosters a culture of autonomy, respect, and
collaboration, resulting in stronger, more cohesive teams.
Reduced absenteeism
With more control over their work, employees are likely to experience less stress
and anxiety, leading to improved mental wellbeing.
Higher job satisfaction
When given the freedom to choose how and when to work, employees feel
valued and trusted, leading to increased job satisfaction and loyalty.
By embracing flexible working, UK businesses can empower their employees,
boost productivity, and create happier, healthier, and more sustainable
workplaces!
Challenges for Employers
While the benefits of flexible working are well documented, the legislation also
presents challenges for employers. Updating new policies and processes to
manage all requests, which are compliant with new employment legislation. And
managing and processing multiple requests in a shorter timeframe may strain
HR resources. Additionally, accommodating flexible working arrangements may
necessitate changes to existing work structures and processes.
Employers will need to adopt robust and equitable policies to ensure that flexible
working arrangements are implemented fairly and consistently across the
organisation. It is also crucial to maintain effective communication channels to
address any potential concerns or conflicts arising from the new arrangements.
In conclusion, the new flexible working legislation marks an exciting development
for the UK labour market, offering significant benefits to both employees and
employers. While the changes may pose challenges, embracing flexible working
practices can ultimately lead to a more engaged, productive, and satisfied
workforce.
Employment Tribunal Case Study
An Employees Flexible Working Request was Indirect Discrimination
Alice Thompson Wins £185,000 Discrimination Pay-out
The Facts:
Alice was employed as a sales manager by a small independent estate
agency firm. The normal working hours of the office were 9.00am to 6.00pm.
When Alice returned from maternity leave, she applied to modify her working
hours in order to accommodate the closing time of the nursery that her child
attended.
She submitted a request to finish at 5pm instead of 6pm so that she could
pick her child up from nursery in time.
The employer refused the request, detailing 5 business reasons for their
decision.
When this application was refused, Alice resigned and filed several claims.
The Judgement
In Mrs Alice Thompson v Scancrown Ltd T/a Manors, the Employment
Tribunal found that refusing an employee’s flexible working request to modify
her working hours to accommodate her childcare responsibilities was indirect
sex discrimination.
The Tribunal upheld the indirect discrimination claim and found that the
employer's failure to consider the flexible working request put the claimant at
a disadvantage as this meant she was unable to collect her child from
nursery.
Alice was found to have been indirectly discriminated against on the grounds
of sex and was awarded £184,961.32 for loss of earnings, loss of pension
contributions, injury to feelings, and interest.
Empower Your Managers with Our Essential Flexible Working
Request Toolkit
With the new UK legislation from 6 th April 2024 granting employees the right to
request flexible working arrangements from day one, and the requirement for
employers to consult with an employee who makes a flexible working request.
It's crucial for businesses to be well prepared to handle these requests
effectively.
Our toolkit provides a practical and efficient approach to help your organisation
navigate these changes with confidence and ease.
What's Included?
Flexible Working Policy: Our easy-to-follow policy will help your managers understand the legal framework, evaluate requests fairly, and communicate decisions effectively.
Customisable Templates: Access to ready-to-use forms and letter templates for processing and responding to flexible working requests, saving valuable time and ensuring consistency.
Bitesize Training Video: Equip your managers with essential skills and knowledge to manage flexible teams effectively through our engaging online training module.
Benefits of Our Flexible Working Toolkit:
Improved Manager Confidence: Equip your managers with the tools and knowledge they need to handle flexible working requests confidently and efficiently.
Boosted Employee Satisfaction: Demonstrate your commitment to employee wellbeing and work-life balance, leading to higher job satisfaction and retention rates.
Legal Compliance: Ensure that your organisation complies with the latest legislation and avoids potential legal issues. Including, how to lawfully accept or reject a request for flexible working.
Enhanced Company Reputation: Showcase your forward-thinking approach to flexible working and attract top talent in a competitive job market.
Don't let the challenges of the new flexible working legislation hold your
organisation back. Invest in our Flexible Working Toolkit today and empower
your managers to build a thriving, flexible, and future-ready workforce.
Throughout April we’re offering the Toolkit for half price, it’s usually £175, but
you can get it for just £87.50, click this link to get your toolkit today:
The HR Hero Members do not need to buy this, as it’s part
of your membership.
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