A consultation on Government proposals to give all employees the right to claim flexible work from day one has been launched.
For employers, the recommendations also include having to respond to requests faster than the current three-month maximum and providing alternatives after being rejected. Matt McDonald, hired employees partner at the law firm, Shakespeare Martineau explains what these potential changes mean for the future of the workplace.
As part of the 2019 manifesto commitment, the Government is conducting consultations to reform flexible working regulations and responding to proposals from Good Work Plan: Suggestions for Family Counseling Support (July 2019). Since 2014, when the right to request flexible work was extended to the entire workforce, there has been no significant increase in claims. This consultation aims to address this reluctance and make agile operations the norm for more businesses.
Currently, after 26 consecutive weeks of work, each employee is entitled to one flexible work request per year. Once a request has been made, if it is denied, the person must wait 12 months before submitting a new request.
Employers have three months to respond and if they decide to deny the request, they must provide one or more valid reasons for the denial, as stated by the Government. These include: additional costs will damage the business, not being able to reorganize work among employees, and quality and performance will be affected.
The consultation proposes to change some of these regulations and has five core parts, which are:
- One day one right to ask for flexible working
- Re-evaluate valid refusal reasons
- Allow more than one request per year and reduce response time
- Employers must propose alternative arrangements
- Increased use of temporary requests
While none of these recommendations have a big impact on their own, if all or most of them are introduced in some way, employers will have to rethink their approach to flexible working. . The Government’s ultimate goal is to normalize flexible working, and if successful, businesses should expect an increase in people who have expressed interest in this way of working. In practical terms, this means that employers have to take on more administrative work and increase the likelihood of any denials being appealed.
When arranged fairly, flexible working can benefit both employers and employees. After all, happy workers are often more productive. However, for SMEs that may already be under significant time and financial pressure, this can be seen as a further drain on resources. Given the potential for increased requests in the near term, it’ll probably be hard to refuse most of them, but SMEs must be careful with this approach. Not only can this create an awkward atmosphere between employers and employees, but it can also damage reputation if word of mouth goes viral. Many people today are prioritizing flexible working when looking for a new role, so appearing reluctant to consider it can be bad for hiring.
Along with creating reputation problems and a negative business culture, rejection also increases the risk of indirect discrimination. These may result when employees are treated equally, but this treatment disproportionately affects employees with certain protected characteristics. The most common example is that women responsible for childcare are more negatively impacted by a lack of flexible work options than male employees, with the accepted principle that women remain responsible. take care of children.
Employees may also resign and request constructive dismissal if they believe that the denial of their request is so unreasonable that it harms the employer/employee relationship. repairable. Unlike discriminatory claims, any employee with two years of service can make a constructive dismissal claim, and although making a successful claim is generally difficult, It is not impossible when a request for flexible work has been unreasonably denied.
As things stand, employers are not required to provide alternatives to employees when a claim is denied, but this can help reduce the risk of these types of claims. above. For example, try to meet the employee in the middle by offering a temporary change instead of a permanent one. If employers appear to be taking requests seriously and are trying to reach a compromise with their employees, it is less likely that any claims against them will be successful and also mean relationships. more harmonious staff.
To prepare for the outcome of the consultation, scheduled to end on 1NS In December, employers should rethink their flexible working practices. Even if some – or all – of the proposal doesn’t go through, many employees have come to expect flexibility, especially amid the pandemic, so it should be included in the company’s business model. if possible. Otherwise, organizations may have difficulty recruiting and retaining talent. Therefore, businesses should reevaluate their priorities. Would it be better to have talented employees who work flexibly or to have rigid hourly workers potentially less productive?
Employers may also want to consider working agile. While this is not a legally defined concept, it can foster an ingrained positive work culture rather than flexible working. In essence, working agile allows employees special flexibility (e.g., making appointments or picking up children from school) without the need to book that work time in advance, with any lost time being created. out at the convenience of employees. Businesses with a productive agile work culture may see fewer requirements for flexible work and foster better employee relations.
This counseling session certainly started a conversation around flexible working, which in itself has been a positive outcome. There are still many proposals to come, but employers should be prepared for an increase in requests. In the future, it may become increasingly difficult for employers to justify refusals, so perhaps now is the time to consider how best to implement a flexible workplace culture that is seen as standard.
