As the new Labour government takes office, there are many changes that will be implemented. Many people have been focusing on employee rights and what they could mean. They also want to know how these changes may impact employers.
Labour’s “Plan to Make Work Pay”, a report that outlines their plan to make work pay, emphasized the importance of flexible working. It is not surprising that the rights have been changed so quickly.
What about the employers?
The UK’s Flexible Work Laws: A Step Up
From the first day of employment, employees have gained rights they didn’t previously have. No exception is made for the right to flexible work. This has focused on ensuring that workers can exercise their right to flexibility, especially those with childcare or dependent responsibilities.
Flexible working as a right from Day One
The Flexible Working Amendment Regulations 2023 took effect on the 6th April 2024. This new legislation allows any employee hired on or after the 6th April 2024 to request flexible working from their first day of continuous service.
Labour’s goal is to help employees accommodate their responsibilities outside the workplace without having to wait the 26 weeks required by the previous legislation. The employee could spend more time at work if the request is granted, rather than having to take leave in order to meet the obligations. It could make the whole process less stressful for the employee as well as the employer.
A second change is that employees may now make two requests for flexible working in a 12-month period (previously, only one request was allowed). This right is available to all employees with different working arrangements, regardless if they work from home, part-time or compressed hours, etc.
The Labour Government has taken a step to enhance the rights of employees, allowing them to rethink their previous requests for flexible working or to look at adding more arrangements to their work life.
Rejecting Flexible Working Requests
No longer do employees have to explain the impact of their request on the employer. Pre-empting any negative impact and setting up reasonable solutions could help the employer approve a request for flexible working. Employers must now respond to flexible work requests within two months as opposed to three based on the previous legislation.
Some may be surprised to learn that, in the past, companies did not need to consult employees before rejecting requests for flexible working. Employers must now consult with employees and give careful consideration to every request.
If an employer must reject a request for any reason, they will still use the same reasons as before. Namely:
Consideration of additional costs; is the employer being overcharged?
– How flexible the working arrangements are; will this mean customers suffer in any way? Will it negatively impact the business?
Is the company able to adapt the working arrangements to the flexible arrangement?
The employer may still refuse the request for flexible working if the employee’s request falls into any of these categories, as long as the request is reasonable.
Flexible working is aimed at helping workers achieve a work-life balance. It also promotes a supportive, inclusive and cooperative working environment, which will be beneficial to any business.
What does this mean for employers?
Many employers will be worried about the impact of the new legislation on their day-today operations.
The most important change is that employees can now request flexible work from the first day. This will certainly cause concern. Employers may want to ask employees about their flexible work requests before they start. Employers can then get an early start in assessing the impact and how to accommodate this.
Remind yourself that an employer cannot reject a job application or withdraw an offer of employment because an employee wants to work flexible hours. This could result in a claim being filed against the company by a Tribunal.
Employers must carefully consider requests to avoid tribunal claims
Employers must remember that the request for flexible working is only valid for 2 months. Although it’s less than the previous time allowed, this is still enough time to carefully consider the request while onboarding the new employee and introducing them to the business.
The employer must assess the request themselves, as employees are not required to state the impact of their proposed arrangement on the business. In order to be practical, the people who will be assessing the requests must ensure that they are given enough time to evaluate the request within the two-month period.
It is prudent, given that employers are also required to consult with their employees, to carefully consider all the effects, options, and alternatives, before rejecting a request. A clear rejection will reflect the employer’s consideration. It could make employees less likely to try to appeal the decision or submit another application.
It is important to ensure that the people who are relaying the results of an application know the official reasons for rejection and can provide a sound explanation.
Final Thoughts
With the implementation of new legislation, there is a distinct shift in favor of giving employees more rights than considering the employer. The burden of convincing an employee that their application is valid has shifted to the employer.
It is clear that the employer will have to do more work. While the requests for flexible work may be less common, processing them could negatively impact the capacity of smaller employers. To be prepared for early applications, it is best to take a proactive approach and anticipate them.
It is important to ensure that the people who are reviewing the application understand the new law and have thoroughly considered all options, alternatives and impacts. It will allow employers and employees to have meaningful consultations, if the decision to reject the request is made. This allows both parties to better understand the other’s perspective. It could reduce the chances of unhappy employees and upset employers.
Flexible working is an excellent, modern method of improving employee satisfaction and motivation. Understanding the new legislation, and educating the people who will be involved in decision-making processes, will make these changes less disruptive to the daily running of an organization.
