As you may have seen, the rules on flexible working changed in April 2024. We have had a number of queries on what these changes entail. Whilst dealing with flexible working requests can be daunting, this type of working may have benefits to your business. Some of these include helping to create a work-life balance as well as a dedicated workforce.
Flexible working policies
Employees may request flexible working for many reasons, including to work around study, childcare or leading towards retirement. Having a policy in place that details how requests should be made (as well as your responses to them) is advised. Requests from employees should be balanced against the needs of the business.
Flexible working of any kind is not an automatic entitlement. There is an obligation for all businesses to consider each request on an individual basis. One employee requesting/being granted permission to work flexibly does not mean the company is under an obligation to make/grant further requests from others. It is the responsibility of the manager to consider, assess and evaluate the potential business implications of implementing flexible working arrangements. This would include for instance, but not limited to, the potential impact on costs, supervision and quality of work.
Making an application
From April 2024, all employees can make up to two applications to work flexibly in any 12-month period from the day they start working with you. Employees who do not have a predictable working pattern may make up to two requests for a predictable working pattern each year.
If an employee makes a statutory request for flexible working, and the purpose of that request is to have a more predictable working pattern, it will count as both; one of their two statutory requests for flexible working and one of their two statutory requests for a predictable working pattern. An employee may have only one live request either for flexible working or a predictable working pattern at any one time. Any request should be in writing and, ideally, on a flexible working request form. This will ensure that you are provided with all of the information you’ll need to fully understand the request.
You may be in a position to simply accept the request, but if you are unsure whether you can accommodate it or not, you should arrange a meeting. Here, the application should be discussed in order to explore the suggested work pattern in depth, and to discuss how best it might be accommodated. After the meeting, you should give due to consideration to the request. You may be able to accept it but, if you cannot, you need to ensure that any refusal is in accordance with the statutory reasons why you may refuse a request.
You may also want to give consideration to any compromise you may want to offer the employee. If you cannot accommodate a request, employees have a right of appeal against your decision.
Predictable working
Predictable working is a new right coming into force later in 2024. However, most employers have updated their policies now to reflect those changes in line with the changes to their existing flexible working policies. Unlike flexible working, to be eligible, employees and workers must have worked for a business for at least 1 week in the period before the 26 weeks leading to the date that the application is made. Agency workers must have worked in the same role for a continuous period of 12 weeks in the 26 weeks before making a request.
The process for considering predictable working pattern requests is similar to that of flexible working. Requests should be made in writing, ideally on a dedicated form provided by the business. Only two requests per each 12-month period (subject to any crossover with a flexible working request) are allowed.
You have a duty to consider all requests and you should consider each request on its own merits. Again, in this instance, a meeting will normally be required. You should give consideration to any reasons you may want to rely on to refuse a request, and provide the employee with a right of appeal if you are not in a position to accept it.
Where you are able to accept either a request for flexible working or a predictable working pattern, you should ensure that any agreement is placed in writing by way of a variation to contract and ensure that this is signed by the employee.
If you would like to speak with us about anything you have read here, please get in touch.
