Embracing Flexible Working
Posted on 31st December 2024 at 14:54
Did you know that since 2023, all employees in the UK have the right to request flexible working from day one of their employment?
All employees have the legal right to request flexible working.
Employees can request a change to:
the number of hours they work
when they start or finish work
the days they work
where they work
This is known as ‘making a statutory application’.
Employees can make a request for flexible working from their first day in a job.
As an employer you must deal with requests in a ‘reasonable manner’.
Examples of handling requests in a reasonable manner include:
assessing the advantages and disadvantages of the application
discussing possible alternatives to the request
offering an appeal process
Read the Advisory, Conciliation and Arbitration Service (Acas) code of practice on flexible working requests. CLICK HERE
If you do not handle a request in a reasonable manner, the employee can take you to an employment tribunal.
If you proceed with flexible working this needs careful planning and here are some areas to consider.
Types of Flexible working
There are a number of different ways of working flexibly.
Job sharing
Two people do one job and split the hours.
Remote working and working from home
Working from anywhere other than the employee’s usual workplace. It can include working from home.
Hybrid working
A combination of working remotely and working in the employee’s usual workplace.
Part time
Working less than full-time hours (usually by working fewer days).
Compressed hours
Working full-time hours but over fewer days - for example a 9-day fortnight (an employee has a day off every other week and works longer hours on the other days)
Flexitime
The employee chooses when to start and end work (within agreed limits) but works certain ‘core hours’, for example 10am to 4pm every day.
Annualised hours
The employee has to work a certain number of hours over the year but they have some flexibility about when they work. There are sometimes ‘core hours’ which the employee regularly works each week, and they work the rest of their hours flexibly or when there’s extra demand at work.
Staggered hours
The employee has different start, finish and break times from other workers.
Phased retirement
Default retirement age has been phased out and older workers can choose when they want to retire. This means they can reduce their hours and work part time.
Benefits of Flexible Working
• Increased employee satisfaction and retention
• Access to a broader talent pool (e.g., parents, carers, and remote workers)
• Enhanced productivity when employees work during their peak performance times
Managing flexible working
1️⃣ Define Clear Boundaries
Flexible working doesn’t mean “always on.” Set expectations for response times, working hours, and availability upfront.
2️⃣ Tailor Employment Contracts
Update contracts to reflect new working arrangements, including remote working clauses, hours, and location specifics. Legal clarity protects both you and your employees.
3️⃣ Establish Communication plan
Use tools like Slack, Microsoft Teams, or Zoom for regular check-ins. Schedule weekly catch-ups to maintain team cohesion, even when working remotely.
4️⃣ Focus on Outcomes, Not Hours
Shift from tracking time worked to evaluating output. Flexible working thrives when employees are trusted to deliver results on their terms.
5️⃣ Provide the Right Tools
Invest in technology to enable seamless collaboration. Think cloud storage, project management tools (like Trello or Asana), and cybersecurity measures.
6️⃣ Trial and Adapt
Consider piloting flexible arrangements before fully implementing them. Gather feedback from employees to refine processes.
Contracts and Policies
Include flexible working terms in contracts, such as:
o Agreed working hours or patterns
o Remote work locations
o Equipment ownership and maintenance responsibilities
• Review your handbook to outline flexible working boundaries.
Address topics like overtime, data security, and performance expectations.
Offer training to managers on leading flexible teams effectively, ensuring fairness and accountability across the board.
If you need help to manage flexible working in your business get in touch for help and advice.
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