Flexible Working
Flexible working covers a range of different practices such as:
- changing the employee’s normal working hours;
- reducing the number of days or hours worked;
- working compressed hours;
- alterations in shift working
- working from home or remote working
- job shares and shift working
Flexible Working Hours Policy
Some changes might have consequential effects on pay, whereas others may not. For example, working different or compressed hours (ie full time hours but over 4 rather than 5 days) shouldn’t affect their salary or benefits provided the overall number of hours worked does not change.
Any employee can make an informal request to work flexibly, and it is often prudent for an employee to have an initial chat with their manager to find out whether the flexible working pattern proposed would be suitable for the business.
Flexible Working Definition
Employees with more than 26 weeks service have the right to make a statutory request for flexible working. This right is not limited to parents or carers and can be made by any employee, for any reason. In order to make a statutory request the law sets out a process that must be followed by both the employee making the request and the employer. The entire statutory process must be completed within 3 months from the date of the employee’s request which must be in writing (and the employee cannot make a further request within a twelve month period, so they need to get it right first time).
Flexible Working Request
Employers are not obliged to grant requests for flexible working, but they must consider them carefully. Ruling out requests because flexible working is not part of the organisation’s culture or may lead to further requests is not permissible. There are only a number of statutory grounds upon which a request may legitimately be refused, these are:
- the burden of additional costs;
- a detrimental effect on meeting customer demand;
- the inability to re-organise work amongst existing staff;
- the inability to recruit additional staff;
- a detrimental impact on quality;
- a detrimental impact on performance;
- insufficient work during the periods the employee proposes to work; and
- planned structural changes.
Even where flexible working may be a cultural shift for an organisation they should consider that many employees now regard it is beneficial when considering employment moves and the ability to work flexibly can result in attracting and retaining good staff. It is also worth being in mind that where there are reasons behind the request, such as caring for a child or family member, in some circumstances a refusal could be directly or indirectly discriminatory.
If the request for flexible working is granted, this will normally mean a permanent change to the employee’s employment contract unless a temporary change or “trial period” is negotiated between the parties.
Employers managing flexible working arrangements must adopt a strategic and supportive approach to ensure that both organisational objectives and employee needs are met. The first step is to establish a clear and comprehensive flexible working policy. This policy should outline the various types of flexible working arrangements available, such as remote working, flexible hours, job sharing, and compressed workweeks. It should also detail the process for requesting flexible working, the criteria for approval, and the responsibilities of both employees and managers. Communicating this policy effectively to all staff is crucial to ensure transparency and understanding.
Implementing flexible working requires trust and effective communication. Employers should foster a culture of trust where employees feel empowered to manage their work schedules responsibly. Regular check-ins and open lines of communication between managers and employees are essential to monitor progress, address any issues, and provide support. Utilising technology can facilitate seamless communication and collaboration, ensuring that team members stay connected and productive regardless of their working location or hours.
Training and development for managers are vital in managing flexible working arrangements successfully. Managers need to be equipped with the skills to lead remote and flexible teams, including effective communication, performance management, and fostering team cohesion. Providing training on these topics can help managers feel more confident in supporting their teams and ensuring that flexible working does not compromise productivity or work quality. Additionally, managers should be trained to recognise and address any potential issues, such as burnout or isolation, that may arise from flexible working.
Monitoring and evaluating the effectiveness of flexible working arrangements is essential to ensure they meet the needs of both the organisation and its employees. Employers should regularly review and assess the impact of flexible working on productivity, employee satisfaction, and overall business performance. Gathering feedback from employees through surveys or focus groups can provide valuable insights into what is working well and where improvements may be needed. This feedback loop allows employers to make informed adjustments to their flexible working policies and practices.
Finally, promoting a work-life balance is a key benefit of flexible working, and employers should actively encourage employees to take advantage of this opportunity. Supporting work-life balance can lead to increased employee well-being, job satisfaction, and retention. Employers can offer resources such as wellness programmes, mental health support, and time management training to help employees manage their work and personal responsibilities effectively. By demonstrating a genuine commitment to flexible working and work-life balance, employers can create a positive and productive work environment that attracts and retains top talent.
In summary, managing flexible working requires clear policies, trust, effective communication, manager training, continuous evaluation, and a focus on work-life balance. By adopting these strategies, employers can successfully implement flexible working arrangements that benefit both the organisation and its employees.
