Flexible working – what you need to know

[Intro music plays]

Terry Duffy: With me today is Sarah Taylor, and our conversation is going to be about flexible working. Hi Sarah. Before we start, could I ask you to introduce yourself and your role at Acas.

Sarah Taylor: Hi Terry and everyone. I've been at Acas for about 10 years in a variety of roles. I started on the helpline in London, then I progressed to conciliation, and now I'm a training and development officer.

Terry: Thanks, Sarah. If we're going to talk about flexible working, I think it's a good idea, if we start with a definition of what that actually means. So can you tell us what flexible working means?

Sarah: Well, it covers many different situations and scenarios, Terry. It can include things like reducing your hours to working part time, flexi-time as long as you work certain core hours, compressed hours (doing them over fewer days), job share, working from home and phased retirement. But there's more information on our website about all of the situations.

Terry: Thanks. So essentially, we're talking about any number of situations where an employee might want to change how and where they carry up their job. So let me throw a couple of examples at you about how people can apply this right.

If I've just started a new job, but, I'd much rather start work later and finish later on some days, so that I can avoid rush hour traffic. Is it true that I can only request flexible working from my employer after I've been employed for 26 weeks.

Sarah: That was the case previously, Terry, but for the 6 April this year, so 2024. The right to make a flexible working request applies from the first day of employment.

Terry: Okay, first day, yeah. And is it true that I also thought, I had to be a parent or carer to request flexible working?

Sarah: No, it applies to all employees.

Terry: Okay, so flexible working is exactly that. A change to a perceived standard way of doing the job. You mentioned earlier about this change in the law from 6 April and being able to ask for flexible working from day one.

What impacts do you think that change will have?

Sarah: Well, I think employers are going to need to be more open minded during the recruitment process. So if the job can be done flexibly, for example, perhaps because others are already doing it, why not put that in the advert?

This can have the benefit of increasing the number and the quality of the candidates who apply. And really, employers need to listen to requests and consider them properly. So this may require a conversation with the employee to work through how things could work for both parties. I mean, it's really about good job design and finding the solution that works for the employee and the business.

Terry: That's good advice, Sarah. So not just about flexible working and it can have some wider impacts and benefits for the business in terms of engagement, retention and morale within that workplace.

Sarah: Yes, yeah.

Terry: Okay, so how do I go about applying for flexible working?

Sarah: You can discuss this with your employer, informally, or you can make a statutory request. And if you make a statutory request, your employer has to follow the Acas Code of Practice.

I won't go into it now, but there's more information regarding the Acas code on our website.

Terry: Okay, so you're talking about a statutory request. So what does that involve?

Sarah: Well, in the first instance, you should email or write a letter to your employer – so in other words, put it in writing.

Terry: And what kind of information should I be providing to my employer?

Sarah: So the application or the request must include the date, a statement that this is indeed a statutory request, details of how you want to work flexibly and when you want to start, and if and when you've made a previous request for flexible working to the employer.

Terry: I seem to recall that previously, I might have had to explain the business impact my request might have if it was granted, and how that might be mitigated or dealt with. Is that still the case?

Sarah: It used to be the case, but this requirement has now been removed from the new Act.

Terry: Okay, and if I do put a request in, how long do I have to wait to get a response from my employer?

Sarah: 2 months, including appeals.

Terry: And if I change my mind or my circumstances change after I've submitted a request?

Sarah: That's okay. You can withdraw your application in writing to your employer. And also, it's important to know that your employer can also treat an application as withdrawn, if you miss 2 meetings to discuss an application or appeal without good reason. For example, a good reason would be sickness, but they must tell you that they are treating the request as withdrawn if they do that.

Terry: Okay, Thanks, Sarah. Now let's just imagine that I put a request in and it's accepted. What happens if my employer does accept that request?

Sarah: Well, they should write to you with the fact that they've accepted it and a statement of the agreed changes and a start date for flexible working. They should also change your contract to include the new terms and conditions.

Terry: Okay, so it's a permanent change to my terms and conditions if it's requested, if it's accepted, sorry.

Sarah: Yes.

Terry: And what about if my employee refuses the request?

Sarah: They have a duty to consult with you if they refuse the request, if they're minded to reject it, and they need to try and find alternative options first. So try and consult with you to explore that.

Terry: And on what grounds could they reject the request?

Sarah: They can reject it for a number of reasons. So I'll just give you a few examples. You can look for more information on the website as well. But, extra costs that will damage the business. The work cannot be reorganised among existing staff. If it affects the quality and the performance, and maybe, if the business might not be able to meet customer demand, as a result of it.

Terry: Okay.

Sarah: But they're just a few examples. There are more.

Terry: Okay, thank you. So I've got a right to request, and the employer has a range of lawful reasons why they might refuse that request. Can I appeal that decision?

Sarah: There's no longer a statutory right to an appeal, but offering an appeals process helps to demonstrate that the employer is handling requests in a reasonable manner. It's important to be following a reasonable process. So although there's not a statutory right, she can still offer appeals, and the employee must follow the company's procedures for appealing.

Terry: Okay. And if I do appeal and it's still turned down, when can I put another request in? Is there a time limit?

Sarah: You can make 2 requests per year.

Terry: And what if, overall, I think my employer has not handled my request properly, or starts treating me unfairly or unfavourably because I've asked for this change.

Sarah: Okay, well, you do have some redress. You can complain to an employment tribunal if they did not handle the request in a reasonable manner. And as I said before, there's more around the Acas Code on our website.

If they wrongly treated the employee's application as withdrawn when it wasn't, or if they dismissed or treated an employee poorly because of their flexible working request. For example, if they're refused a promotion or a pay rise because they put a flexible working request in, or even if they rejected it based on incorrect facts.

But you can't just complain to a tribunal just because your flexible working request was rejected. It has to be on the grounds, I've just listed.

Terry: Okay, that's clear. And what about a time limit for going to an employment tribunal?

Sarah: You must register any complaint within 3 months of either hearing your employer's decision, hearing your request was treated as withdrawn or the date the employer should have responded to your request but failed to do so. But if you're unsure of your rights, always seek legal advice.

Terry: Thanks, Sarah, this has been a really interesting conversation about flexible working. If I had to ask you to give employees one top tip when considering a request, what would it be?

Sarah: Be prepared to listen.

Terry: Thanks. And from our discussion, from what I've heard, I'd say that employers should take a positive approach, because there can be genuine benefits to both the employee and the employer, if done right.

Bringing us up to date, what did the King's Speech have to say about flexible work, and will we see more change coming?

Sarah: That's right. Terry, The King's Speech confirmed an employment rights bill within the first 100 days. This is expected to include making flexible working default from day one, with employers required to accommodate this as far as is reasonable. What this 'reasonable' will mean and when we will see these changes coming into force, we don't know yet, but Acas will keep you posted.

If you want to stay up to date with the latest advice and any events we are running to help keep you informed, please sign up for the Acas newsletter. We'll post the link to the form in the podcast note.

Terry: Thanks again, Sarah, that has been a great run through of the world of flexible working, how to handle requests and what changes to expect in the future.

Thanks to our listeners, and do share this podcast link with your colleagues and partners so we can keep them coming.

Goodbye.

Sarah: Goodbye.

[Outro music plays]