In July 2020, we provided guidance on handling flexible working requests. If you missed it, don’t worry – you can catch up here: Steps to Handling Flexible Working Requests.

Fast forward to today, and we’ve got some exciting updates: the UK’s Flexible Working Bill is officially law, also known as the Employment Relations Bill. With MP Yasmin Qureshi at the helm, this legal shift empowers employees to shape their work arrangements. July 2023 saw this measure gain royal assent and the changes are projected to roll out in 2024.

So, what are the latest changes:

Before we consider the reforms, it is worth quickly considering what has not changed. Firstly, there is still no statutory right to appeal, while Acas do note it is best practice. Moreover, there is no change to the current list of business reasons for rejecting a flexible working request. Also employees will still need to wait for the 26 week mark; there’s talk about Day 1 employment rights down the line, though no formal law has been put in place yet.

So what has changed?:

• Employees can now make two flexible working requests within a year – more choices for a balanced work-life equation.

• Employees can bid farewell to explaining every detail. No need to elaborate on how a request might affect the employer.

• Outright rejections are out. Employers are committed to consulting with the requesting employee, although there is not a specific time period for consulting.

• Employers have a shorter two-month (used to be three-months) window to mull over and make decisions about flexible working requests.

As a reminder, what is flexible working?

Flexible working can mean a variety of things to a variety of people, but it refers to work that is done outside of the office or outside of the traditional 9 to 5, Monday to Friday working pattern. For some, it allows them to work part-time, allowing them to care for other responsibilities or pursue other interests when not working. For others, flexible working is as simplistic as having flexibility with their start and end times. Flexible working can also mean compressing your hours (doing the same number of hours but over fewer days), working from home, job sharing, career breaks, annualised hours or term time working.

What can employers do to prepare for the changes?

In anticipation of the forthcoming UK Flexible Working Bill, employers have an opportune moment to take proactive steps in preparation. Firstly, a comprehensive review and potential revision of internal policies and procedures related to working arrangements would be prudent. By ensuring that these policies align with the impending changes, employers can be better equipped to handle flexible working requests promptly and efficiently. Equally important is line managers’ upskilling, providing them with the necessary training and resources.

There is something else you can do before the changes take place. Acas is updating its statutory Code of Practice on handling requests for flexible working and is consulting with relevant stakeholders. If you would like to help form decisions, use the following link: https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-flexible-working-requests-2023

With more requests, smoother processes, and quicker decisions, the path forward opens up a range of work styles. Keep an eye out for these changes to kick in next year. Should you require assistance updating policies or training line-managers, don’t hesitate to reach out to the View HR team; we’re eager to lend a hand. Until then, embrace the concept of flexibility and let it flourish!