Any surprises in the new flexible working legislation?

The Employment Relations (Flexible Working) Bill is currently progressing through parliament. If enacted, it will extend the rights that employees have to request flexible working. Businesses will need to tread carefully to meet the new obligations whilst protecting their productivity and culture.?Stacey Mead from The HR Dept Bristol, Bath and North Somerset looks at what may be in store.?

Stacey begins: “The right to ask for flexible working does already exist after 26 weeks’ continuous employment, with the employer needing to respond within three months. One request can be made in a 12-month period. If rejecting the request, the employer must have a valid business reason for doing so.?

“Should this legislation be passed without amendment, employees would be given a right to request flexible working from day one and be allowed to make a request twice a year.??

“Employers would need to come to a decision within just two months and consult with employees before rejecting a request.?

“Hybrid working is part of many companies’ way of life following COVID-19. However, flexible working can be entirely different.??

“For example, carers who must tend to elderly relatives or parents needing to do the school run find changes to start and end time can make the world of difference. People wishing to take a college course not associated with work, or pursue a hobby, may want a reduced working week.??

“The old legislation puts an onus on the individual to explain how this can work for the business, the proposed one takes this out.?

“Procedurally, employers should be prepared to face many more flexible working requests under the new legislation.??

“Having a policy is important to ensure consistency, for example, how many staff must be in the business at the start of the day. Clearly this cannot be a free for all, so having clear guidelines is vital. It must work for the business whilst supporting staff.?

“While not following the legal procedure or rejecting a request without a valid reason does carry some tribunal risk, of more danger to employers is the possibility of the rejection being attributed to discrimination.?

“For example, research demonstrated that women bore an increased childcare burden as a result of the pandemic. This may make it easier for, say, a mother requesting amended hours based upon the school run to show disadvantage should a flexible working request be denied. Likewise, a disabled person struggling with a commute.??

“Another consideration is the role itself. Many lower paid or manual roles do not lend themselves to flexible working, which may be in stark contrast to more senior, management roles. Granting or rejecting requests based on this could spark a cultural dissonance which hinders business.?

“For companies already engaged with flexible working, the new legislation is unlikely to have much impact. For those that are not, managing requests will become more onerous.??

“Regardless of the legislation, since the pandemic there has been a growing clamour for flexibility in work – whether that be based on location or time. Ignoring this sentiment may hinder recruitment and retention, so addressing the matter proactively by having a policy is a wise move.?