Your Guide to the New Flexible Working Rights in the UK

The Employment Relations (Flexible Working) Act 2023, brought into effect earlier this year, marks a significant shift in the landscape of UK employment law. With the increasing demand for work-life balance and the rise of remote working, these changes aim to provide employees with greater flexibility and control over their working hours. This article delves into the latest changes in flexible working laws, their impact on both employers and employees, and practical steps for making a flexible working request.

Overview of Flexible Working Laws

Flexible working refers to any working arrangement that deviates from the traditional 9-to-5 office hours. This can include part-time work, job sharing, compressed hours, flexitime, and remote working. Historically, flexible working was often seen as a perk rather than a right. However, the evolution of employment laws has gradually shifted this perspective, recognising the importance of flexibility in promoting employee well-being and productivity.

Key Changes in the new Legislation

The Employment Relations (Flexible Working) Act 2023 introduces several key changes:

Day-One Right to Request Flexible Working: Employees can now request flexible working from the first day of their employment, eliminating the previous requirement of 26 weeks of continuous service.
Increased Number of Requests: Employees can make up to two flexible working requests per year, compared to the previous limit of one.
Reduced Response Time: Employers must respond to flexible working requests within two months, down from the previous three-month period.
No Justification Required: Employees are no longer required to justify the impact of their flexible working request on the business.

These changes aim to make flexible working more accessible and straightforward for employees, while also encouraging employers to consider and accommodate such requests more promptly.

Impact on Employers and Employees

The new legislation brings several benefits and challenges for both employers and employees:

Benefits for Employees:

Improved Work-Life Balance: Flexible working allows employees to better manage their personal and professional responsibilities.
Reduced Commuting Time: Remote working and flexible hours can significantly cut down on commuting time and costs.
Increased Job Satisfaction: Employees with flexible working arrangements often report higher levels of job satisfaction and engagement.

Benefits for Employers:

Increased Productivity: Studies have shown that flexible working can lead to higher productivity levels as employees are able to work during their most productive hours.
Enhanced Employee Retention: Offering flexible working options can help retain top talent and reduce turnover rates.
Broader Talent Pool: Employers can attract a more diverse range of candidates, including those who may not be able to commit to traditional working hours.

Challenges:

Management and Coordination: Managing a team with varied working hours and locations can be challenging and may require new tools and strategies.
Maintaining Company Culture: Ensuring that remote and flexible workers feel included and engaged with the company culture can be difficult.

Practical Steps for Making a Flexible Working Request

For employees looking to make a flexible working request, here are some practical steps:

Prepare Your Request: Clearly outline the type of flexible working arrangement you are seeking and how it will benefit both you and the company.
Submit a Formal Request: Follow your company’s procedure for submitting a flexible working request, which may involve filling out a form or writing a formal letter.
Be Ready to Discuss: Be prepared to discuss your request with your employer and address any concerns they may have.
Follow Up: If you do not receive a response within the required timeframe, follow up with your employer to ensure your request is being considered.

FAQ Section

What is the new flexible working law in the UK? The Employment Relations (Flexible Working) Act 2023 allows employees to request flexible working from day one of their employment, among other changes.
Who is eligible to request flexible working? All employees in the UK are eligible to request flexible working from their first day of employment.
How many flexible working requests can an employee make per year? Employees can make up to two flexible working requests per year.
What is the employer’s obligation when receiving a flexible working request? Employers must respond to flexible working requests within two months and consider them in a reasonable manner.
Can an employer refuse a flexible working request? Yes, but they must provide a valid business reason for the refusal.
What are the benefits of flexible working for employees? Benefits include improved work-life balance, reduced commuting time, and increased job satisfaction.
How can employees strengthen their flexible working request? Employees can strengthen their request by clearly outlining the benefits to both themselves and the company, and by being prepared to discuss and address any concerns.

Conclusion

The latest changes in UK flexible working laws represent a significant step towards more inclusive and flexible workplaces. By understanding these changes and how to navigate them, both employers and employees can benefit from the numerous advantages that flexible working offers. As the workplace continues to evolve, staying informed and adaptable will be key to success.

If you believe you have not been given proper access to flexible working or if any part of this article resonates with your situation, contact Atkinson Rose for expert guidance and representation. Our experienced team is here to help you understand your rights and ensure you receive the flexibility you deserve. Don’t hesitate to reach out to us for a consultation and take the first step towards a more balanced and fulfilling work life.