What is the new Flexible Working Bill?

New flexible working regulations will come into effect on 6 April 2024. Antonio Fletcher, head of employment at Canterbury-based law firm Whitehead Monckton, outlines what the new bill is and what it will mean for businesses and employees. 

The new Flexible Working Bill will allow employees, from 6 April, to request flexible working on day one of their employment. Employees will also be able to make a request twice every 12 months and employers will have two months to respond. If they deny a request, they must have a consultation prior to the rejection.

This is designed to allow employees, regardless of length of service, to seek greater flexibility in their working arrangements, perhaps to attract people (back) into the workforce.

Given that employers can still deny such requests for the same reasons as provided for under the prior rules, it is questionable whether this will have a material impact.

 What does the new bill mean for businesses? What steps should employers take to ensure compliance with the Flexible Working Bill?

The new bill suggests a recognition of the shift towards remote and flexible working arrangements. Employees want their lifestyles and preferences to be accommodated and this allows them to have some measure of control over their working arrangements.

However, for businesses looking to bring their employees back to the office, this will pose an additional challenge.

To ensure compliance with the new flexible working bill, employers must ensure that their policies and procedures are up to date to avoid potential penalties for non-compliance by following outdated rules.

What does the new bill mean for employees?

The legislation is designed to give employees more control over their working arrangements, therefore allowing for a better work-life balance.

What are your thoughts on the new bill? Is it positive? Is it enough or should more be done to create flexible working environments for employees?

The flexible working bill is positive in that it recognises a shift in working arrangements following the Covid-19 pandemic without imposing significant additional obligations on employers. However, whether this new bill will be effective in practice is yet to be seen.

What else can employers be doing to be more flexible for employees?

Transparency: Employers can be more transparent when advertising a role and include details of the level of flexibility they are willing to offer (i.e. fully remote role or hybrid working). Further details can be discussed during the interview process.

Communication: Listen to the needs of the employee and adapt the flexible work arrangements to each respective employee where possible. It’s not always a one-size-fits-all. Some employees may want flexitime rather than hybrid working so understanding the employees’ needs and reviewing on a case-by-case basis is an important part of the process.

 What can employees do if their employers are not offering flexible working provisions?

Employees can appeal the decision or they can raise a grievance with their employers. In certain circumstances, this may form the basis for a discrimination claim.

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