What are the changes to flexible work request rights?

The changes to flexible working policies introduced in April 2024 mean that employers have new responsibilities to consider under the Employee Relations (Flexible Working) Act 2023. This law states that employers must allow staff to request flexible work from the first day of their employment. 

Many businesses had already decided to incorporate this into their policy before the law came into effect. However, not all employees are aware of the new law, so it is up to employers to indicate it clearly in their flexible working policies.

Flexible working law 2024: what employers need to know

Requests for flexible work have become statutory, which means that employees are entitled to request them under UK law.

Because of these changes to UK regulations, employers need to follow a new Advisory, Conciliation and Arbitration Service (ACAS) code of practice. According to this code, a statutory request involves changes to the terms and conditions of an employee’s hours, times or place of work. Clear details about these are set out in the UK government website.

The new ACAS code of practice has significant updates:

• Employees can make flexible working requests from day one, unlike the previous requirement of after 26 weeks
• Employees are allowed to make such requests twice per year, rather than just once
• Employers must inform employees of any rejections and finalise decisions within two months

These changes aim to make flexible work more accessible and responsive to both employee and employer needs.

What constitutes a flexible working arrangement?

Flexible work includes the following working arrangements and patterns:

• Part-time working
• Working from home
• Hybrid working
• Flexitime
• Job sharing
• Compressed hours
• Annualised hours
• Term-time working
• Team-based rostering

Employers are not necessarily required to use the statutory procedure to negotiate flexible hours as this procedure can be handled informally. However, when an employee formally requests flexible work, the statutory code is often a useful reference during negotiations, even if the negotiations themselves are informal.

Flexible working benefits

As highlighted in our guide to the benefits of flexible working, several advantages include lower overhead costs, enhanced staff wellbeing, increased responsibility and autonomy among staff, reduced absenteeism and the ability to reach more customers with varied staffing schedules.

Although flexible work can appear to favour employees more than traditional office settings, it can also enhance business productivity. Combining flexible work with an agile approach, particularly through the use of ‘scrum teams,’ allows employees to concentrate more effectively and collaborate closely on achieving the team’s overall goals. Scrum meetings facilitated through remote sessions further promote autonomy by enabling a robust exchange of ideas and discussions about project outcomes, enhancing both collaboration and individual responsibility.

How can employees make the request?

Statutory requests for flexible work can be made in writing to the employer. A letter typically includes the following:

• The date of the request
• Name of the employee
• The changes the employee wants to make to their work arrangement
• Whether a previous flexible working request has been made
• The date they want the change to take effect
• A statement confirming that this is a statutory flexible working request
• The reason for requesting flexibility

How to negotiate a flexible work request with an employee

Employers can negotiate a flexible work request informally with an employee. This typically involves:

• Beginning the negotiation as an informal conversation, perhaps in a private, one-on-one meeting
• Researching the different flexible working options, deciding on which options benefit both employer and employee
• Deciding on a trial period for the flexible working arrangement
• Ensuring that the conversation is friendly, professional and focused on the best possible outcome for both parties
• Taking notes during the negotiation and summarising the result of the conversation
• Following up the conversation with an email, explaining empathetically and clearly the management’s decision

Managers can benefit from negotiating these requests in a fair and respectful way, making sure to follow the Equality Act 2010 and its regulations concerning protected characteristics such as disability, pregnancy and maternity.

The UK government provides a standardised form for making flexible working requests to send to their employees. 

The challenges of negotiating flexible working requests

As discussed in our guide to choosing the right hybrid model, negotiating hybrid work is complex. Hybrid arrangements are popular; a UK government study shows 84% of employees prefer splitting their time between home and the office. However, the diversity of flexible working approaches makes finding a one-size-fits-all solution challenging. Research indicates that disputes over flexible work are on the rise. Businesses are increasingly open to flexible working, yet they often struggle to reach a clear agreement with employees on what this entails.

How to support employees who request flexible or remote work

Supporting employees in flexible or remote work can involve several practical steps to help them adjust, especially if their job requires specialist technology. Consider providing:

• Ergonomic equipment
• The right software
• Social activities involvement
• Inclusion in professional development. 

Employees might seek flexible arrangements for various personal reasons, such as:

• Carer responsibilities for a family member
• Better work-life balance
• Childcare responsibilities
• A disability which makes commuting to work less accessible

Negotiating flexible working that benefits employees can enhance workplace diversity and inclusion. Providing additional practical support to employees working from home can attract and retain a broader range of talent, improve retention and increase employee engagement by reducing stress and enhancing work-life balance.

From the first day of employment, employees have the right to request flexible work. It’s up to employers to negotiate the specifics of these arrangements. Since flexible work does not have a one-size-fits-all solution, it is beneficial to conduct thorough research on what works best for both employer and employees.