Let me tell you a little story about how Flexible Working impacted me.
The rules on Flexible Working (part of employment law) have just had an update, literally on 6th April 2024. Whilst we can talk about the rule changes, I find it helpful to put them into context, so here is a personal story of my own experience…
In 2016, I worked full-time in HR. I wanted to go to college on Thursday evenings to do my Level 5 in HR. However, I needed to leave work early every Thursday to attend college.
So what did I do? I put in a “Flexible Working Request”.
This meant that I wrote a letter to my boss, exercising my statutory right, which explained that I wanted to leave early on Thursdays and provided a reason why.
Back then, I had to share the reason behind my request, and I could only make a request once a year, so I had to get it right. And if my boss didn’t like the request (or the reason for it), they could simply reject it.
As part of my request, I offered to either take a pay cut or work on Saturdays to make up for it, so they would have been really tough on me to say no.
However, if they had said no, I wouldn’t have been able to take them to court for it, but I would have found another job because I was determined to do my Level 5.
Luckily, they said yes, and their terms were that I had to work Saturdays to make up my hours – on top of doing my Level 5. That time in my life was very labour-intensive; I pretty much worked every day for a year. It turns out that was good practice for being a good business owner. But I got my Level 5, and my boss was happy.
You may have seen on the news that “flexible working” is being talked about again.
Why?
Because the rules are changing and it is becoming more and more important that companies can accommodate for their employees’ lives outside of work. Flexibility is vital.
Before 6th April 2024:
- The employee had to be employed for six months before they could make a request.
- They had to explain why they were asking for the change to their T&Cs.
- They could only make one request a year (temporary or permanent).
From 6th April 2024:
- It is a right from day one of employment.
- The employee does not have to share the reason for the flexible request.
- The employee can make two requests per year (temporary or permanent).
- The employer has to make a decision within two months of the application/request.
- The employer has to try to accommodate the request or have an extremely strong case for why they won’t.
How would my 2016 experience change in 2024?
- I could have asked my boss to finish early every Thursday from the first day of my employment instead of having to wait six months.
- I wouldn’t have had to explain why, whereas a reason was needed before.
- When college finished for the summer, I could have then asked for my hours to change again (making a second request).
- My boss wouldn’t have been able to say no to the request and, instead, would have had to trial my requested change in hours (with a lot of emphasis on “try it”).
- If my boss wasn’t willing to trial it, then they would have had to have given a very good reason as to why they were rejecting the request.
Reasons that aren’t sufficient to reject a request:
1. “It will be a nightmare for us.”
2. “This is how we have always done it.”
3. “I don’t want you to.”
4. “I don’t know why you have asked for it, so I will not agree.”
5. “We can’t recruit the cover.” (Without trying first)
Acceptable reasons to reject a flexible working request:
- It would mean extra costs that would damage the business.
- The work cannot be reorganised among other staff.
- We can’t recruit anybody to cover the work.
- Flexible working will affect quality and performance.
- The business will not be able to meet customer demand.
- There’s a lack of work to do during the proposed working times.
- The business is planning changes to the workforce.
BUT!!!!!!!!!! (massive but)
You have to show that you have taken serious consideration and that you have tried.
For example, you cannot select Reason 4 (“Flexible working will affect quality and performance”) and dismiss the request if you haven’t trialed it because you don’t know that this is what the outcome will be. You need to trial it.
Remember when the four-day week was trialed in companies, and productivity went up? You have to consider it, review it and then decide.
You have to tread carefully. Please seek professional advice in these processes.
If you would like more help or support on this, then we invite you to become one of our Vitals Subscribers. This includes weekly tips and advice, monthly group webinars and quarterly reviews to see how you are doing, plus help with solicitors, policies, admin support, and so much more – all for £149 per month on a rolling contract. Limited spaces available.
So for peace of mind, vital support and confidence in knowing how to handle the continuously changing employment scene, call HR Vitals on 07494 596 409.
To learn more, click here