The start of a new academic year brings flux to many households up and down the country. Some families may be sending their children to school for the first time, whilst others are well into the annual routine of it.
As an employer, you may find it is a time of year when you are more likely to get requests for flexible working, as kids need to be in new places at new times. The law on flexible working has changed in recent years and is likely to change further under the new Labour government. For that matter, societal expectations have changed significantly too, especially since the pandemic.
In fact, according to statistics published on Statista for 2024, there are already millions of flexible working contracts in operation in the UK:
- 4.23 million flexi-time contracts
- 2.21 million annualised hours contracts
- 1.31 million term-time working contracts
- 1.03 million zero-hour contracts
- 813,000 on-call working contracts
- 504,000 condensed hours contracts
- 88,000 job sharing contracts
That hints at the wide range of possible types of flexible working arrangements that can be considered, and it doesn’t even cover those working from home.
What flexible working laws say
For several years, employees have had a right to request a flexible working arrangement, and recently these rights were expanded.
Currently, employees have a day one right to request flexible working. This must be made formally in writing, specifying what flexibility they desire and when they want it to start, as well as stating if and when they have made a previous request.
Each employee can do this twice in a 12-month period.
As an employer, you have a legal duty to consider the flexible working request in a reasonable manner and come to a decision within two months. There is an Acas code of practice to follow and this cites considerations like consulting with the employee, being mindful of the Equality Act in relation to a flexible working request and being timely.
There are plenty of legitimate reasons why you may not grant a request, such as imposing an additional cost burden on you, having a detrimental impact on quality or performance, or an inability to reorganise work amongst other staff.
Whatever your decision, put it in writing and if necessary make amendments to the employee’s contract.
In the King’s Speech, Labour confirmed its intention to make flexible working the default from day one for all workers. The current mood music suggests something around, where feasible, the full-time hours of a five day week being compressed into four days. We’ll keep you posted on what this means in practice as legislation works its way through parliament.
Balancing the needs of parents against other employees
When considering flexible working requests, those motivated by a childcare need may carry more weight than some other reasons. But it is important to come up with a fair approach to your decision-making. Of course, some roles may not lend themselves to some (or any) forms of flexible working, regardless of whether it is for a working parent.
To show reasonableness though, do think creatively – especially if you are keen to keep them – there are lots of different ways in which flexible working can be achieved. Maybe a job share or condensed hours will work where working from home wouldn’t?
Once you have given it due consideration, having a flexible working policy will help you reach decisions quickly and fairly, and let everyone know where they stand and why. It may also help with recruitment if candidates can see what flexible working is available in your business.
Help from The HR Dept
If you need help drafting a flexible working policy or in putting the correct procedures in place, please contact us. Our local experts will get you set up with something that works for your business and is compliant with the law.
