Flexible Working in the New Hybrid World
Last year, a study by Acas found that around half of employers in the UK expected an increase in flexible working demands after the pandemic. More recently, a poll conducted by ADP confirmed that 60 per cent of workers want more control over their working hours. So, what rights do employees have when it comes to flexible working requests in the new hybrid world? And what can employers do to manage this growing demand?
Is flexible working the new hybrid working?
Depending on the industry sector and type of business, many companies have made permanent changes to their working environment. Several large corporates are still operating a hybrid working system. Some businesses are now requesting employees come into the office one or two days a week, while others are still on an ‘as required’ basis.
When it comes to defining ‘flexible working’ and ‘hybrid working’ the boundaries are certainly starting to blur. The recent resurgence of covid is exacerbating this situation, as people stay home to avoid spreading the virus. But at what point does the employer demand that an employee must come into the office? This is partly a contractual issue, but workers do have legal rights to request flexible working arrangements depending on the circumstances
Recruitment agencies are also reporting a steep increase in candidates requesting flexible working as part of their employment contract. For some people, having the flexibility to work from home at least part of the working week is now a major dealbreaker when seeking a new job role. So, along with managing existing employee requests, businesses may need to rethink their approach to flexible working if they want to attract new employees.
Employee rights – flexible working
What are employee rights when it comes to flexible working demands? Do existing employees have the right to request changes to their employment contract? This depends on the situation. There are different rights relating to flexible working requests and this will relate to the individual employee’s needs, for example, parental or caring responsibilities.
But every employee has the legal right to request flexible working, even if they’re not a parent or carer. This is called a ‘statutory application’ and to be eligible, employees need to have worked for the same employer for at least 26 weeks.
Government guidance advises “employers must deal with requests in a ‘reasonable manner’.”
Employers should…
Assess the advantages and disadvantages of the application
Hold a meeting to discuss the request with the employee
Offer an appeal process
For more guidance, please feel free to get in touch by calling 07986 544 694.
Employee rights – flexible working
There are many different ways that employees might request flexible working arrangements.
Below is a list of common flexible working requests:
Job sharing – where two people share a role and the hours are split between them.
Part time – employees might request fewer working hours instead of a full-time role.
Working from home – employees might suggest they are able to do some or all of their duties at home instead of their usual workplace.
Flexitime – this is where the employee decides when to start or end work, however, the employer might state core working hours, for example, 10am – 4pm.
Compressed hours – employees might request working full-time hours but over fewer days, for example, Monday to Thursday, and not working on Fridays.
Staggered hours – this is where the employee has a different start and end time for the working day from others, and this may include different break times too.
Annualised hours – employees would be expected to work a certain number of hours in a year with some flexibility on when they would work. Similar to the flexitime approach, core hours would usually be agreed for each working week.
In addition, older workers might request a phased retirement, which could involve working less hours or on a part time basis. As the default retirement age has been phased out, this is becoming a more common type of request.
Changes to employee contracts
Are you an employer or HR manager experiencing a high demand in flexible working requests? You could choose to enforce the terms of an employment contract; but you will need to respond appropriately to the employee’s request. If your business relies on people working on the premises, for example, manufacturing, health or social care, certain flexible working arrangements might not be possible.
The key to handling a flexible working request is to make sure you have considered the views of your employee and the needs of the business. Talk through all the pros and cons of them being able to carry out their role. Regardless of the outcome, if you have taken the time to listen to your employees, they will feel valued. And a valued employee tends to be more positive and productive.
If you have a flexible working query and need further guidance, please call Tarnya on 07986 544 694.