New flexible working rules came into effect on 06 April 2024, allowing employees the right to request to work flexibly from the first day of employment, removing the previous 26-week qualifying period.
Further under the Employment Relations (Flexible Working) Act, employees are also able to make two requests in any 12-month period (rather than the previous one request) and an employer must not reject a request without consulting the employee and must decide within two months.
In response, Acas has produced a new statutory Code of Practice on handling requests for flexible working to support employers and employees through this change.
What is flexible working?
According to Acas "Flexible working involves making a change to when, where or how an employee works".
Examples include Part-time hours, Staggered hours, Remote working and working from home, Flexitime, Job sharing, Compressed hours, Annualised hours, Term-time working and Team-based rostering.
Considering a request for flexible working
Employers must manage every request in a reasonable manner. This should include carefully assessing the effect of the requested change for both the employer and the employee, such as the potential benefits or other impacts of accepting or rejecting it.
Employers must agree to a flexible working request unless there is a genuine business reason not to.
A decision to reject a request must be for one or more of the following business reasons which are set out in the Employment Rights Act 1996:
the burden of additional costs
an inability to reorganise work amongst existing staff
an inability to recruit additional staff
a detrimental impact on quality
a detrimental impact on performance
a detrimental effect on ability to meet customer demand
insufficient work available for the periods the employee proposes to work
planned structural changes to the employer's business
In managing a request, employers must not discriminate unlawfully against the employee in relation to any of the protected characteristics set out in the Equality Act 2010.
Consulting an employee
Employers must not reject a request without first consulting the employee.
Unless the employer decides to agree to the employee's written request in full, they must consult the employee before they decide. In such cases, the employer should invite the employee to a consultation meeting to discuss the request.
The meeting take place without unreasonable delay. The employee and employer should have reasonable time to prepare for the discussion, while considering the statutory two-month period for deciding requests including any appeal.
Communicating a decision about a request
Once the employer has decided about the request, they must inform the employee of their decision. They should confirm the decision in writing without unreasonable delay, considering the statutory two-month period for deciding requests including any appeal.
As an employer, it is good practice to have a policy on flexible working. A policy can help managers and employees discuss and agree flexible working in a consistent way.
At Rico HR we are experts and advising our clients and providing contract and policy audits to ensure that your business is operating lawfully while protecting your employees.
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