If The Flexible Working Act Is To Succeed, Businesses Must Be Adaptable And Open To Change

As new legislation comes into effect, managers should take steps to prepare themselves for the realities of a flexible workforce.

On 6 April 2024, changes to employees’ rights to ask for flexible working came into force as the Employment Relations (Flexible Working) Act 2023 became law. The new legislation removes the requirement for an employee to have 26 weeks’ continuous service before they can make a formal flexible working request and instead can make a request on day one of a new role.

Employees are also able to make two flexible working requests every 12 months, a change from the current single request. Such requests may include working part-time, compressed hours or even hybrid working. Employers must consult with an employee before refusing a request, and the new legislation will remove the need for employees to explain or justify the impact of the proposed change to their working arrangements.

Nicole Bello

Commenting on the changes, Nicole Bello, Group Vice President EMEA at UKG said:

“These changes are ultimately positive and mean workplaces around the country will become more inclusive, helping people with a range of requirements to create a better balance between life and work. In the long run, they’ll allow more people to access work and make workforces more resilient.

“That said, the changes mean that managers may need to adapt their processes in order to successfully manage an increasingly flexible workforce and get the best out of their teams. The CIPD currently estimates that around 4 million people have changed careers because of a lack of flexibility at work and at a time when shortages are widespread, retention is crucial for employers. To add to that, evidence suggests that the ability to work flexibly is increasingly important to young workers and those entering the employment market for the first time.

“If managed effectively, these changes will no doubt lead to decreased employee absenteeism, promote employee wellbeing and support business agility by providing employees with more flexible options in terms of when and where they work. By actively offering flexible working options and supporting workers in their need to work flexibly, employers could improve their engagement, retention and support their recruitment efforts.

“On a practical level, new legislation will likely bring with it a host of compliance and scheduling implications that HR technology can help to manage. The latest offerings will be crucial in keeping you up to speed and supporting and simplifying compliance efforts.

“Accommodating the flexible workforce is also a key consideration. Staying connected with your teams regardless of their schedule and ensuring that you take active steps to facilitate collaborative work become new priorities for managers. Establishing clear communication channels that encourage open dialogue about flexible working preferences and give employees clarity will also be key.

“As with any new legislation, training managers to handle these requests effectively and will be equally as important. Those that take the time to welcome and accommodate these changes will reap the rewards of a more engaged and present workforce.”