How to prepare for the new UK Flexible Working Act
10 Sep 2023
The UK government has recently passed the Employment Relations (Flexible Working) Act 2023, which will give all employees the right to request flexible working from day one of their employment.
This means that employers will have to consider any request for flexible working in a reasonable manner and provide a valid business reason for rejecting it.
Flexible working is a way of working that suits an employee’s needs, such as having flexible start and finish times, working from home, or working part-time – and its popularity has soared since the pandemic.
However, the new law also poses some challenges for employers, who will have to review and update their policies and practices around flexible working. Here are some tips on how to prepare for the new UK Flexible Working Act.
Review your current policies and practices
The first step is to review your current policies and practices around flexible working. You may already have some formal or informal arrangements in place, such as allowing employees to work from home occasionally or adjust their hours to suit their personal circumstances. However, you may need to formalise these arrangements and make them more consistent and transparent.
You should also check if your current policies and practices comply with the new law and the Acas code of practice on flexible working requests. For example, you should ensure that you have a clear and fair procedure for handling requests, that you respond to requests within three months, and that you offer an appeal process for employees who are unhappy with the outcome.
Communicate with your employees
The next step is to communicate with your employees about the new law and what it means for them. You should explain the benefits of flexible working, the types of flexible working available, and how to make a request. You should also encourage your employees to discuss their preferences and needs with you and their colleagues, and to be flexible and respectful of each other’s choices.
Listen to your employees’ feedback and concerns about flexible working. Some employees may be worried about the impact of flexible working on their career progression, performance, or team cohesion.
You should address these concerns by providing clear expectations, regular feedback, and opportunities for learning and development. You should also foster a culture of trust and collaboration among your employees, regardless of where or when they work.
Evaluate each request individually
The final step is to evaluate each request for flexible working individually and in a reasonable manner. You should consider the benefits and drawbacks of each request for both the employee and the business. You should also consult with the employee and try to find a solution that works for both parties.
You can only reject a request for flexible working if you have a valid business reason for doing so. The law specifies eight possible reasons, such as:
- The burden of additional costs
- The inability to reorganise work among existing staff
- The inability to recruit additional staff
- The detrimental impact on quality
- The detrimental impact on performance
- The detrimental impact on customer demand
- The insufficiency of work during the periods the employee proposes to work
- Planned structural changes
You should provide a written explanation of your decision and the reason behind it. If you reject a request, you should also offer an appeal process for the employee to challenge your decision.
Now is the time to get started – but if you need help, advice or support just get in touch. We’ll be happy to help.
