The UK is working on employment reforms, which will make flexible working more feasible and should make remote working ‘the default’. But it’s a bit more complex than that.
Speaking in Geneva this week, Employment Rights Minister Justin Madders said his government is working to introduce day one protections against unfair dismissal, the right to guaranteed hours, and make flexible working the default – all of which will put money back into the pockets of working people.
Flexible working is already a day one right, thanks to legislation introduced by the former Conservative government, which came into effect from 1 April 2024.
This means employees can request flexible working from their first day of employment, instead of needing to wait for 26 weeks’ service, notes legal firm Lewis Silkin.
Employers can refuse a request based on one or more of the eight business reasons listed in legislation. These are:
- The burden of additional costs;
- Detrimental effect on the ability to meet customer demand;
- Inability to reorganise work among existing staff;
- Inability to recruit additional staff;
- Detrimental impact on quality;
- Detrimental impact on performance;
- Insufficiency of work during the periods the employee proposes to work;
- Planned structural changes.
How are things changing?
Under the planned Employment Rights Bill, there will be two key changes:
- An employer can only refuse a flexible working request if it is reasonable for them to do so.
- An employer must state the ground for refusal and explain why it is reasonable to refuse the request on those grounds.
If the Bill is enacted, employment tribunals will be able to consider whether it was reasonable for an employer to decide to reject a request.
This is intended to encourage careful consideration of requests and enhance access to flexible working.
A better culture at work
“The new legislation could introduce a climate of change for organisations around how flexible working requests are dealt with. It could also bring an opportunity to develop and share good practice,” say labour experts at the Advisory, Conciliation and Arbitration Service (Acas).
Following the mainstreaming of flexible working, employers have become more adept at managing a diverse range of working patterns, the experts said.
“While our case study organisations observed little change in the volume of statutory requests, it remains to be seen whether changes in 2024 and future changes under the Employment Rights Bill will see greater use of the statutory procedure. For example, employees may wish to formalise hybrid working arrangements that have become part of their everyday practice.
“Our research showed some stigma around statutory requests. For example, interviewees often viewed the statutory procedure as a ‘last resort’ for difficult cases that could not be settled through informal discussions. Our research further highlighted that statutory requests can often come from the most vulnerable individuals who feel a lack of support from their line managers. These were people who would be unable to continue working without access to flexible working.”
The experts noted that cultures resistant to flexible working can have negative effects on staff wellbeing and retention, and on wider labour market participation.
“Taking a close-up look at organisations’ processes in the research revealed some inconsistencies in how employees access flexible working. For example, the growth of hybrid working has further highlighted challenges around equitable decision-making and the impact on workforce relations.
“The context of legal changes is a good time to review organisation policy and clarify options and procedures. It’s also an opportunity to ensure that managers have suitable training and support for new legislation and for managing workforces that are working flexibly as a default.”
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