The Flexible Working Changes that Employers Need to Take Note Of

As we move into the new financial year the sheer amount of employment law changes is enough to make any employer’s head spin.  

One of the most notable changes that employers need to be aware of are the changes to the right to request flexible working which came into effect from April 6. 

Four years ago, a global pandemic forced us all behind closed doors. Normal lives were put on hold, both personally and professionally, in an effort to lessen the spread of Covid-19. Non-essential businesses were temporarily closed or forced to find different ways of working to keep operations going.  

For many businesses, remote working was a saviour, enabling them to survive during the pandemic,  and many chose to keep this working pattern in place post-pandemic either in a hybrid or fully remote pattern.  

This new way of working became a must-have for many employees after the pandemic. According to a recent survey, 40% of workers said they would not consider a job that does not offer their preferred working pattern. 

Under the previous law employees needed to have 26 weeks’ continuous service before they were able to make a flexible working request. But new legislation that took effect on the 6 April made this a day one right, meaning employees now have the right to make a flexible working request from their first day of employment. They also have the right to make two requests within a 12-month period, instead of one under current law. 

Whilst many employees will welcome this change, the right to request flexible working does not mean the right to flexible working. Employers do not have to approve requests if the proposed changes will not work for their business. 

When an employer receives a flexible working request, they need to consult with the employee before making any decision. This includes looking at alternative arrangements if their request isn’t feasible.  

Whereas previously employers had three months to reply to flexible working requests, this has now been reduced to two months – a key change that employers need to be aware of. This time frame includes carrying out consultations, making decisions and allowing time for an appeal by the employee if their request is denied.  

We are expecting to see a surge in flexible working requests now that this new legislation has become law, so employers need to keep a close eye out and be sure to respond within the correct time frame. Failure to do so could leave them in breach of the law and at risk of a potential tribunal claim.  

Members of the CCMA have access to an award-winning 24/7 HR & Employment Law helpline, who provide specialist support and advice on a range of employment matters.

About the Author

Kate Palmer, HR Advice and Consultancy Director, Peninsula

Kate is involved in all aspects of HR and employment law advice. She develops Peninsula’s expert law advisors and ensures each client gets the answers they need every time they call.

As an industry opinion leader, Kate’s expertise is frequently sought. She is regularly featured on national television and radio as well as in major publications, both industry and press. Kate is a Chartered Fellow of the CIPD.

www.peninsulagrouplimited.com

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