Flexible work rules and building a workplace worth staying for

The Employment Relations (Flexible Working) Act 2023 and the changes it introduced

Kicking off with a bit of context around the Flexible Working Act, Rebecca explained that the Act came into force in July 2023, amending previous provisions and introducing several significant changes to the right to make a flexible working request, including:

- Flexible work became a ‘day one right’, meaning employees no longer need to provide twenty-six weeks service before being allowed to make a request

- It removed the requirement for employees to explain in their flexible working applications what effect it may have on the employer

- It now allows employees to make two flexible working requests every twelve months (an increase from the previous one per year)

- Employers are legally required to consult with an employee before refusing their flexible working application

- The deadline for an employer’s decision is now two months (reduced from three months)

These changes primarily came about because during the pandemic, the CIPD (Chartered Institute of Personnel and Development) ordered flexible work to be a day one right for all employees, and this was recommended as the default position post-pandemic by the Government’s flexible working task force.  

Handling flexible working requests

So, what process can you put into place to manage flexible working requests?

The team shared the steps your business would need to take in handling a flexible working request:

1. Employee triggers the process via written request.

2. You, the employer, have a two-month decision period to consider the request, consult with the employee and let them know the outcome.

3. As the employer, you must deal with application in a reasonable matter, and can only refuse the request for reasons outlined in the Act (more on that below).

4. If there is a refusal, you must remind the employee of their right to appeal, which you’ll have to also consider.

It’s important to make sure any flexible working requests are handled in a fair and orderly manner - if an employee feels their request was handled poorly, they can start proceedings at an Employment Tribunal.

This can be for many reasons including: failure to deal with the request a reasonable matter, failure to notify the employee of the decision within the two-month period, failure to rely on a statutory ground when refusing, making a decision based on incorrect facts or treating the application as ‘withdrawn’ without the right to do so.

As an employer, it’s important to make this process approachable and positive, ensuring you are open to all requests and employees have confidence in the system. 

Handling rejections for flexible working requests

If you are rejecting an application, the reasons for doing so must align with the Act.

Some examples of rejections might be: because it requires additional costs, has a detrimental effect on customer needs or they are unable to recognize work. This highlights the need for strong justification and supporting evidence when refusing such requests. The big takeaway here is the importance of having clear processes and policies in place, so you can make sure it’s as simple as it can be.  

Gen-Z and adapting work arrangements for a changing workplace culture

With Gen-Z entering the workforce, Paul discussed the change happening in workplace culture.

He emphasized the importance of adapting your approach to better suit your demographic of employees. For this generation, salary and benefits that expand beyond traditional healthcare to include mental health support, executive coaching, and flexible working arrangements, are crucial.

Paul reminded employers of the importance of work-life balance and the potential cost savings of remote working for certain types of roles, which this generation is very familiar with as many completed their education mid-pandemic.

Olivia suggested that a trial period could be very useful for you as an employer to ‘test’ whether this would work for the business and employee. The discussion also touched on the need for employers to be competitive in offering these features to attract and retain talent.  

Improving retention rates through employee experience

As an employer, continuously working on, and checking in on, your workplace culture has a positive impact on morale and increases employee retention.

Seemingly small things, like acknowledging your employee’s efforts and celebrating milestones can go a long way in making employees feel appreciated – as well as career pathing, development and reviewing company policies to ensure they align with employees’ expectations. Paul added that it’s vital for employers to get a strong understanding of new candidates’ wants and needs during the interview process.

Paul discussed the need to communicate the company’s values, benefits and employee value proposition in all stages of their journey. Communicating your company’s values and unique selling points will help you attract and retain employees. Offering something different from your competitors will ultimately make you stand out as an employer. 

Employer branding and understanding employee choices

Asking your current and former employees about their experiences at your business can provide valuable insights into marketing and employer branding.

Employer branding is key to showcasing your company’s culture and work environment to potential candidates, even if they’re not actively seeking employment. For example, social media and employee testimonials can be useful to authentically depict life at the company. The key to a strong workforce is to align your company values with candidate selection and ensure leaders actively model those values. 

Many thanks to Rebecca, Olivia and Paul from Britton and Time for sharing their knowledge and expertise with us at this Q&A. There was much to discuss, all framed in understandable language, making it an accessible learning experience for all. Click here to learn more about the Employment Relations (Flexible Working) Act 2023 and remember this is valuable knowledge whether you’re an employer or an employee. 

If you want to contribute to the Chamber blog, contact us on hannah@brightonchamber.co.uk