RTimages/
Shutterstock.com
52
LEGAL VIEW
IN ASSOCIATION WITH:
TAKING A FLEXIBLE APPROACH
Flexible working is here to stay, with new rules introduced from April set to spark a rise in employee requests. Employers are being urged to be ready to respond.
Recent research has indicated the direction of travel that began following the pandemic is continuing. A survey of UK workers carried out by recruitment specialists last October revealed almost half would reject a new job if the company didn’t offer flexible working.
Added to that, three in 10 employers have seen a rise in staff working from home over the past 12 months, according to a poll by employment advisory body Acas.
Experts are now predicting that the changes to the flexible working regime coming into play in the spring will create new challenges for employers.
These new working regulations will give employees the right to request flexible working from day one of their employment. Under the current law, workers have to have been employed for at least 26 weeks before making such a request.
Flexible working is a wide-ranging phrase. It can refer to working patterns or hours, including part time, flexi-time, term time, compressed hours and adjusting start and finish times. And it can also be the subject of employment location, such as working from home.
The new working regulations are part of wider changes expected to come into force in April. They will require employers to consult with the employee when they make a flexible working request.
They must agree to the request unless there is a ‘genuine business reason’ not to.
Reasons include the burden of additional costs, an inability to reorganise work among existing
staff or to recruit additional staff, and the move having a detrimental impact on quality, performance or ability to meet customer demand.
The time employers have to respond to a request will be reduced to two months, from the three months allowed under current rules.
Employees will also be able to make two requests within a 12-month period, compared to the single application they are currently allowed.
Sally Eastwood, associate partner at law firm Farleys, says employers need to be aware of these changes.
She warns: “In addition to the procedural requirements under the Employment Rights Act, there is a significant risk of discrimination claims
from our poll that there’s a continued appetite among staff and employers.
“Some businesses have benefited by reducing office costs as well as attracting the best talent. Staff can find flexible working valuable to better balance their working lives.”
Experts say there are other positives to taking the hybrid approach, which mixes remote working with time in the workplace. It can also help with recruitment.
Laura Hartley, founder of LHR Recruitment and Retention agency, says: “We are seeing more people putting flexible or hybrid working as essential when looking for a new opportunity.
“With companies looking to bring the teams
The cost-of-living crisis and extra travel time are reasons candidates give for looking for hybrid working
where flexible working requests are mishandled.”
HR experts say businesses should be braced for a rise in requests for flexible working and should review their current policies in advance of the new regulations.
That includes putting in place effective processes to review and respond to applications promptly.
Acas has produced a new statutory code of practice to support employers and employees through the changes. It is currently awaiting parliamentary approval.
The organisation’s chief executive Susan Clews says: “There has been a global shift to flexible working following the pandemic and it is clear
back in to the office five days a week, candidates are now looking to move.
“The cost-of-living crisis and the extra travel time are reasons candidates give for looking for hybrid working.
“Companies should give this request some thought and look at it strategically to ensure a balance between employee satisfaction and organisational needs.
“Firstly, it’s crucial to establish clear guidelines and policies regarding flexible work arrangements, not just for new recruits but also to retain the existing employees. Update your policies and procedures so everyone is clear.
“There must be a fair and consistent evaluation
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68
