Flexible working has come to the fore in recent years, not least because of the COVID-19 pandemic.
Working remotely is just one type of flexible working. Before the pandemic, only around 11% of the workforce worked mainly from home (2018). But at the height of COVID restrictions in the UK, travelling to work was only allowed where it was “absolutely necessary and cannot be done from home” - leading to 47% of the UK workforce working from home.
Organisations that may have shied away from the concept of remote working in the past were suddenly thrown in at the deep end, with some finding that it didn’t have the negative business impact they anticipated. A University of Southampton study of work during Covid lockdowns suggested that 90% of people thought their productivity had stayed the same or improved by working from home, while a CIPHR employer survey found that 53% of organisations saved money by having more employees working remotely.
This period of enforced home working encouraged some employers to reduce overheads, close offices or swap offices to meeting spaces and move to a remote or hybrid working model going forward.
However, some still believe the office environment is an integral part of business operation. VSA Capital’s Chief Executive, for example, believes employees “abuse” flexible working and are less productive working from home: "Obviously it varies from industry to industry, but in financial services it's more important to be in the office because it’s a very live industry".
Flexible working, even beyond the pandemic, is a complex issue.
We created this guide to make the process of dealing with flexible working requests simple and straightforward.
When handled correctly, flexible working can bring huge business benefits, improving staff wellbeing, cutting costs and boosting productivity.
This is emphasised in a consultation put forward to the Government to make flexible working the default: by removing the invisible restrictions to jobs (such as the need to live in expensive accommodation close to city centres) flexible working fosters a more diverse workforce – and the evidence shows that this leads to improved financial returns. Offering a range of flexible working options is more likely to attract top talent. Furthermore, employees who have more flexibility are more motivated at work and more likely to stay with their employer.
Our employer’s guide to flexible working provides information about your obligations, the different types of flexible working and how to handle employee requests:
Flexible working is a way of working that suits an employee’s needs. It usually involves a change to the typical working pattern in an organisation.
The most common types of flexible working are:
At the moment, all employees with 26 weeks' service have a legal right to request a change to their hours, timing or location of work. This is known as a ‘statutory request’, and it falls under the Employment Rights Act 1996.
Workers making a request should email or write a letter to their employer. Employers may provide a standard application form which can be found on the Gov.uk website here.
Employee applications must include an explanation of how they think flexible working will affect the business and how this could be dealt with, for example, if they’re not at work on certain days. Employees can only make one application for flexible working each year.
Employers must follow strict legal procedures in dealing with flexible working requests. Government guidelines state that all requests must be considered in a ‘reasonable manner’. The entire process (including an appeal where one is offered) should be concluded within three months.
The ACAS Code of Practice sets out guidance for employers when responding to a flexible working request.
When a request is agreed, it becomes a permanent change to the employee’s contract of employment.
Flexible working can bring a surprising number of benefits to organisations.
When considering a request, it can be helpful to think about:
If you decide to accept the request, you should write to the employee asap with:
This should be done within 28 days.
Requests can only be turned down if employers can prove significant negative business impact. This might include factors such as:
ACAS also points out that employers must not discriminate unlawfully against the employee in reaching their decision. Take particular care that you can justify turning down a request when the employee making it has a protected characteristic under the 2010 Equality Act. If you decide to turn down a request you must inform the employee in writing, providing an explanation.
Employees don’t have a statutory right to an appeal. But it’s considered good practice for employers to offer an appeals process. This helps to show that you have handled the request in a ‘reasonable manner’. It’s also good practice to have a Flexible Working Policy, which sets out exactly how you will handle employee requests.
Informal applications are not covered by flexible working legislation. However, it is generally considered best practice to give serious consideration to all requests. It’s a good idea to ask employees to follow up with a formal letter, email or application.
The future of work is changing, and as we strive to find the perfect life balance, requests for flexible working will almost certainly increase. Even prior to the pandemic, a major report by the CIPD in 2018 showed a strong, unmet demand for more flexible jobs, with 87% of people wanting to work flexibly, but only 11% of jobs advertised as flexible.
At the rate circumstances are changing, employers that don’t offer flexible working may soon fall well behind their competitors.
Find out more about flexible working rights and benefits on the CIPD website here.