Employees now have greater rights to flexible working arrangements, with changes coming into effect on April 6th, 2024

New Flexible Working Law: A Must-Know for Employers

Employees now have greater rights to flexible working arrangements, with changes coming into effect on April 6th, 2024

This blog explores what employers need to know about these changes, including grounds for refusal and potential penalties.

Key Changes:

• Day-one right: Employees can request flexible working from their first day of employment, eliminating the previous 26-week service requirement.
• Two requests per year: Employees can now make two requests for flexible working within a 12-month period, compared to the previous limit of one.
• Faster response time: Employers must respond to requests within two months (previously three months).
• Consultation mandatory: Employers must consult with employees before rejecting a request.
• No need to justify request: Employees no longer need to explain the impact of their request on the business.

Possible Reasons for Refusal:

• Negative business impact: Extra costs, difficulty in reorganizing work, or inability to recruit staff due to the requested flexibility.
• Performance or quality concerns: Flexible working might negatively affect performance or quality of work delivered.
• Customer demand: Inability to meet customer needs due to the requested schedule.
• Lack of work: There might not be enough work available during the requested hours.
• Planned workforce changes: The employer might be planning changes that conflict with the request.

Penalties for Non-Compliance:

While there are no direct financial penalties for employers who don’t follow the process, there are significant risks:

• Employment tribunals: Employees can claim compensation (up to eight weeks’ pay) for failure to follow the proper procedure.
• Discrimination claims: Refusing a request based on factors like gender or disability could lead to discrimination claims with potentially hefty compensation.
• Recruitment and retention issues: A reputation for inflexibility can make it harder to attract and retain talent.

Conclusion:

Employers should adapt to the new regulations by:

• Updating internal policies: Ensure policies reflect the new right-to-request process.
• Training managers: Train managers on handling flexible working requests fairly and consistently.
• Considering alternatives: Explore alternative arrangements if a request can’t be fully granted.

By embracing flexible working, employers can benefit from a happier, more productive workforce and a wider talent pool.