The Flexible Working Bill

The golden period for employee’s rights in the workplace seemingly continues. Hot on the heels of The Carers Leave Act comes The Flexible Working Bill, which received Royal Assent in July 2023. It could be introduced into UK law as early as July 2024.

Flexible working is a multi-faceted term that applies to a variety of ways to work. It can refer to working hours or pattern of working: part-time, term-time, flexi-time, compressed hours, or adjusting start and finish times. It also applies to remote working too, giving employees more flexibility over where they can work, whether that’s from home or another more convenient location.

What does The Flexible Working Bill mean for employees?

Millions of British workers are set to benefit from this new Bill and the flexibility over where and when they work. Once the Bill comes into action employees will have the right to:

• Request flexible working from day one of a new job (instead of waiting 26 weeks to make a flexible working request).
• Make two flexible working requests in any 12-month period (rather than the single request that is currently in place).

Research from CIPD highlights that 6% of employees changed jobs last year due to a lack of flexibility and 12% of workers left their profession altogether. This represents almost 2 and 4 million workers respectively.

What does The Flexible Working Bill mean for employers?

And the benefits are not just exclusive to employees. Businesses that embrace flexible working and create policies to boost it will reap the benefits. Research shows that this will increase the attraction of top talent, improve company cultures and reduce the amount of staff turnovers. In turn, this greatly enhances a company’s productivity and competitiveness.

Under the new measures, employers are required to:

• Consult with the employee and provide a reason before rejecting any flexible working request.
• Respond to the employees’ flexible working request within 2 months (reduced from 3 months).

Employers will have the best part of a year to prepare for any changes to their policy and the way in which their employees can work flexibly.

Who does The Flexible Working Bill benefit most?

The Flexible Working Bill benefits anyone that desires a better work-life balance. However, unpaid carers and parents are expected to see the biggest improvement to work-life balance, with the introduction of this new law. For those struggling to juggle care and work, flexible working has become a necessity to enter and stay in employment. Whether it’s changing your hours to pick your child up from school or remote working so you can look after your elderly loved one, the flexibility gives employees the freedom to work, care and live without being under mental and financial strain:

• As many as 7.7 million people in the UK now juggle their unpaid caring responsibilities with paid employment.
• 350,000 people per year leave the workplace due to carer responsibilities. This is a 12% increase since 2013.

Flexible working benefits for carers

As previously mentioned, enabling employees to change their working hours or location will be hugely beneficial for unpaid carers in the workplace.

Mental Health

Flexible working doesn’t just give caregivers in the workplace more time, but also relieves a lot of strain on their mental health. 84% of unpaid carers feel more stressed because of their care responsibilities. By giving them more flexibility with where and when they work will aid their mental wellbeing massively.

Care costs

Simply, not everyone can afford care. Care homes can cost a family on average £50K-£70K per year. Without a sizeable asset or savings to lean on, the option to pay for care might not be tenable. Whilst flexible working will not help pay for the astronomical fees, it allows some to care part-time and keep costs down.

Diversity impact

Women are 400% more likely to leave work or reduce their hours due to carer responsibilities. As a consequence, the Flexible Working Bill will benefit female carers enormously, and will offer them the option to better balance their caregiving responsibilities alongside work. This will avoid the likelihood of them dropping out of the workforce altogether.

How to apply for flexible working?

Currently, employees can only make a statutory application if they have worked continuously for the same employer for the last 26 weeks. However, when The Flexible Working Bill comes into effect, this is how an employee can make a request:

1. Write to the employer about the kind of flexible work they want.
2. The employer considers the request and must respond within 2 months.
3. If the employer agrees to the request, they must alter the employee’s contract.
4. If the employer disagrees, they must give the employee business reasons for their refusal. If the refusal is insufficient, the employee can complain to an employment tribunal.

The application must include:

• The date of application.
• A statement that this is a statutory request.
• Details of how the employee wants to work flexibly and when they want to start.
• A statement outlining if and when they’ve made a previous application.

Is The Flexible Working Bill enough?

The new Flexible Working Bill has made notable improvements to what was already available for workers in the UK. Adding in flexibility from day one and cutting deliberation time from the employer is a clear improvement for the employee. The continued and dedicated pursuit to enable employees to work where and when they need is sure to create a happier workforce and ensure the very best talent stays in the ecosystem.

Whilst the Flexible Working Bill provides a solid foundation for improving the lives of UK employees, the benefits are not unlimited. To have more holistic and lasting change, it is up to organisations to use new laws like The Carers Leave Act and The Flexible Working Bill as a jumping off point. Employees, now more than ever, need modern wellbeing solutions that add value to their lives and help with their work-life balance. Organisations can make a statement of intent, give their employees specified wellbeing benefits that enriches their lives and build a company culture to be proud of.