The world of work is constantly evolving, and flexibility has become a key consideration for employers in the UK. Historically, formal flexible working arrangements were limited to those in caregiving roles. However, in 2014, the UK expanded the right to formally request flexible working to all employees with more than 26 weeks of continuous employment. This is now to change…….. following Government Employment Relations (Flexible Working) Bill which will then make other policies law through primary legislation.

So, what exactly is flexible working?

In essence, flexible working is a request from an employee to make changes to their work hours, days, or location. These changes can take various forms, such as job sharing, term-time working, annualised hours, or remote working along with staggered hours, flexitime; compressed hours; hybrid working to name a few examples.

The recent pandemic in 2020 has accelerated the number of requests and subsequent acceptance of flexible working in certain roles, with employers increasingly open to accommodating these requests. homeworking and hybrid working is not always possible in roles that do not lend itself to such flexibility.

There will very likely be further increases to requests when the UK Government brings in legislation to make the right to request flexible working a day one employment right. The consultation has ended and the Flexible Working Bill has now received Royal Assent, which means that formal requests for formal working will be a day one employment right. The change is expected to come in to force in 2024, details of the effective date have not yet been confirmed.

Here are four key aspects to consider when managing flexible working requests in line with your Schools Model Policy:

1. Right to Request: Employees have the right to request flexible working, but it doesn’t guarantee an automatic approval. Employers need to assess these requests based on their unique circumstances and against organisational needs. Responding promptly is key.

2. No Legal Requirement for a Policy: While there’s no legal requirement for a flexible working request policy, it’s strongly recommended. A well-defined policy can guide both employees and employers through the process. Leeds City Council has a model Policy for this very purpose which can be located on our client portal. Any employees requesting to put in a flexible working application, needs to be issued with a copy of the policy and form.

3. Formal Requests: For a formal request, certain criteria must be met. At present, employee’s must have been employed for at least 26 weeks, not have made a formal request in the past year, and must outline their proposed changes in writing, along with reasons and potential impacts. Employers have three months to respond. This will be changing in 2024 with a day one right to request flexible working.

4. First-Come, First-Served Basis: All requests are assessed as they are received, without setting a precedent. Each request is considered on its individual merits.

When refusing a flexible working request, employers must provide clear reasons in accordance with legislative guidelines. These reasons may include additional costs, potential detrimental effects on operations, inability to reorganise work, or impact on quality and performance.

Here are eight key takeaways for employers managing flexible working requests:

1. Implement an accessible flexible working policy and ensure all relevant parties are well-informed.
2. Address quick and easy requests informally to streamline the process where able.
3. Fully consider requests and explore options.
4. encourage both parties have constructive and open-minded conversations about flexible working and find arrangements that work for each side.
5. Encourage trial periods.
6. Document formal meeting outcomes in writing.
7. Confirm changes to working patterns in writing through a variation letter to avoid miscommunication.
8. Remember that while supporting employees’ requests is valuable, there is no obligation to approve all of them.

To note, when an employer agrees to a formal flexible working request at any stage in the employment relationship, it often then results in a permanent change to an employees contract of employment. This would not be true for a trial period (where the change in intended to be temporary) i.e. such as for hybrid working which could be at the discretion of their line manager. Any permanent changes should, however, be confirmed in writing to the employee.

ACAS Updates to the Code of Practice:

The ACAS Code of Practice (COP) is a crucial reference point for HR practices, including the handling of flexible working requests. ACAS is currently consulting to update the COP in response to recent legislative changes. These changes make flexible working requests a day-one right, emphasising the importance of fair consideration rather than automatic approval.

The updated COP also acknowledges the growing trend towards flexible working, encompassing changes in working hours and locations to support hybrid or remote work arrangements. Alongside the COP, there is additional non-statutory guidance that will be updated.

[ACAS draft guidance]( ACAS link)

Code of Practice on handling requests for flexible working (draft) | Acas

Embracing flexible working can unlock numerous benefits for both employees and employers, ultimately creating a more adaptable and inclusive workplace environment and help with retention of staff.

The Government article is a useful read/ reference.

https://www.gov.uk/government/news/millions-of-britons-to-be-able-to-request-flexible-working-on-day-one-of-employment

in summary:

The measures the government is committing to in full will:

• remove the 26-week qualifying period before employees can request flexible working, making it a day-one right
• require employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request
• allow employees to make 2 flexible working requests in any 12-month period
• require employers to respond to requests within 2 months, down from 3 months
• remove the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer

The day one right to request flexible working will be delivered through secondary legislation.

In addition, the CIPD has created a really useful practical guide.

Flexible working – lessons from the pandemic: practical guides | CIPD