In 2021, the UK Government launched a consultation on whether to reform flexible working regulations (The Flexible Working Regulations 2014). People Matters HR has outlined the key developments to help businesses understand the changes that have now been implemented.
The initial consultation and current position
From September to December 2021, the consultation invited input on potential reforms to flexible working regulations. These changes, which passed into law in April 2023, have redefined the right to request flexible working as a day-one right for employees.
Background and purpose
Flexible working was first introduced in 2003 for parents and carers and expanded in 2014 to allow any employee with 26 weeks of continuous service to apply. The pandemic accelerated the need for more flexible working options, leading the Government to support making flexible work a standard part of UK employment to enhance recruitment, retention, and workforce well-being.
The five key proposals
The reform of the flexible working regulations centred around five main proposals, which have now been implemented:
- Day-one right to request: Employees can now request flexible working from their first day of employment.
- Review of business refusals: Employers must evaluate if the eight business reasons to deny flexible working requests remain applicable.
- Alternative suggestions required: Employers must suggest alternative arrangements if the original request cannot be fulfilled.
- Streamlined process: The administrative steps behind flexible working requests have been simplified.
- Temporary flexible arrangements: Employees can request temporary flexible arrangements to accommodate short-term needs.
Additional measures for a flexible work culture
The government also set forth initiatives to embed flexible working practices across sectors. This included leveraging insights from the pandemic to create a truly flexible work environment, encouraging companies to advertise flexible options in job postings to attract a broader talent pool.
What this means for your business
The law now mandates that flexible working requests can be made immediately by new hires. Businesses should review and update their current policies to align with these requirements. Key areas to consider include:
- Policy Updates: Make procedural updates to reflect the new regulations, reinforcing the positives and learning from remote work practices during the lockdown.
- Technology Investments: Consider technology like laptops, collaborative platforms and mobile devices to support flexible work environments. Also, assess Health and Safety (H&S) needs for remote workers, including workstation assessments and equipment.
- Mental Health and Wellbeing: Implement performance management and support systems, like regular team check-ins, cybersecurity and GDPR measures, to support mental health and prevent isolation among remote workers.
As outsourced HR advisors, the People Matters team is here to help you navigate these changes and update your policies to comply with the latest flexible working laws. For further guidance on creating a flexible and resilient workforce, reach out to People Matters HR.