New flexible working arrangements in the UK

New flexible working arrangements in the UK

New rules around flexible working will be introduced in the UK. Flexible working is a modern approach that caters to the diverse needs of employees, offering options such as flexible start and finish times or the ability to work from home.

As of now, all employees in the UK, with the exception of Northern Ireland, have the legal right to request flexible working. This includes changes to the number of working hours, start or finish times, workdays, and the physical location of work. This process is officially termed a 'statutory application,' and employees become eligible after completing 26 weeks of work with the same employer.

Starting on 6th April 2024, employees will gain the ability to request flexible working arrangements from the first day of a new job, signalling a positive shift towards increased flexibility and work-life balance.

To ensure a fair and reasonable approach to handling these requests, employers are obligated to deal with them in a 'reasonable manner.' This includes evaluating both the advantages and disadvantages of the proposed changes, engaging in a meeting with the employee to discuss the request, and providing an avenue for appeal. Employers are encouraged to familiarise themselves with the Advisory, Conciliation, and Arbitration Service (Acas) code of practice on flexible working requests for comprehensive guidance.

Crucially, if an employer fails to handle a flexible working request reasonably, employees have the right to take the matter to an employment tribunal. However, employers can decline a request if they can provide a valid business reason for doing so.

The shift towards more flexible working arrangements not only promotes a healthier work-life balance for employees but also enables businesses to adapt to the evolving needs of their workforce. By embracing these changes, both employers and employees can foster a more productive and accommodating work environment.

How to request flexible working

To initiate a flexible working request, the employee must draft a letter or email to their employer. Employers may provide a standard form for this purpose. The request must include the date, a statement identifying it as a statutory request, details of the desired flexible working arrangement, and an explanation of its potential impact on the business.

The employer is obliged to consider the request and reach a decision within three months, or a longer period if agreed upon with the employee. If the employer agrees, changes to the employee's contract will be made. If not, the employer must communicate the business reasons for the refusal, and the employee may have the option to escalate the matter to an employment tribunal.

Employees are currently restricted to making one application for flexible working in any 12-month period. However, as of 6th April 2024, this limit will be increased to two applications in any 12-month period.

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent employment law advice. If you would like further help on flexible working arrangements, please don’t hesitate to speak to one of our expert employment lawyers today. Complete our enquiry form.