Flexible working is here to stay – impact on employers
Flexible and hybrid working increased dramatically during the pandemic when many employees had to work from home. Despite large internet businesses such as Zoom and Google now pushing for employees to be in the office at least two days a week, it seems hybrid working is here to stay.
In addition to hybrid working (combining both home and office), there has been an increase in requests for alternative patterns of work by employees. These include flexitime, part time hours, compressed hours and job sharing.
So, what are the implications for employers?
Request for flexible working arrangements
Currently, any employee that has been employed by an organisation for 26 weeks or more is entitled to make a written request for flexible working. Such a request for flexible working may be made once in a 12-month period. Employers have three months to respond the application.
NB New legislation is likely to come into force in spring of 2024. This will see the length of service qualification removed. It will allow employees to make two requests within a 12-month period. It will also reduce the employer response time to two months.
Once a request is approved by an employer, this amounts to a formal change to the employee’s terms and conditions of employment. The employer should confirm the changes in writing together with the start date. They should also change the employee’s contract, so it now reflects the agreed flexible working arrangement.
Turning down a flexible working request
Employers must consider any request for flexible working in a ‘reasonable manner’. There are specified grounds on which an application can be rejected. Included in this is impact on work quality and performance and failing to meet customer need. The grounds are quite broad. An employment law specialist can help ensure such requests are dealt with appropriately and that any rejection is on fair and reasonable grounds.
The right to request flexible working is not a right to insist on it. Employees do not have a right to complain to a tribunal if their request is rejected. That is, unless it can be shown that the employer did not deal with the request in a ‘reasonable manner’ or was based on incorrect facts.
Emphasis on work life balance
Currently, the competition for talent is fierce. Employers need to think how they can offer flexibility or risk losing good staff.
In the past a competitive pay package was the most important factor. These days, many employees place more emphasis on work life balance. Ditching the commute for working from home (at least for part of the week) is seen as essential to that balance for many employees.
In advance of the changes to the flexible working rules coming in 2024, employers should review their working policies and ensure they meet the needs of both the employer and employees.
The challenges for employers, post Covid, are continuing to evolve. For advice and support, speak to one of Bird & Lovibond’s specialist employment team: