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New Flexible Working Rules: What Every Employer Should Know

Find out how new employment laws will impact your workplace

Kathryn Webb
Kathryn Webb Worksmarter Team
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Employees will have more control over their working patterns from April, following changes to current UK employment law.

Employers and HR personnel are being advised to familiarise themselves with the new legislation and review their policies to ensure they can accommodate flexible working within their teams before the new measures come into force. 

Post-pandemic, many businesses are trying to bring their staff back to the office while at the same time workers are seeking more flexibility from their employers. 

With new rules coming into force very soon, the reality is that flexible working requests will become an increasingly central feature of employment law that all HR practitioners and employers need to be ready for.

What are the new Flexible Working Rules?

From 6th April employers will have the right to request flexible working from day one of their employment, under The Flexible Working (Amendment) Regulations 2023. Currently, 26 weeks’ continuous employment is needed to make a request. 

Also due to come into force in April is The Employment Relations (Flexible Working) Act 2023. 

  • Allows employees to make two flexible working requests in a 12-month period, compared to one under the current law.
  • Will not require employees to explain to their employer the potential impact granting this request would have. 
  • Employers will also have to respond to any flexible working request within two months rather than three, as well as consult with an employee if they wish to reject the request.  

Support for Your Business

According to Acas, 7 out of 10 employees are unaware of the new day one right to request flexible working. 
 
Acas, which is independent and was set up to improve workplace relationships, will produce a new statutory Code of Practice on handling requests for flexible working to support both employers and employees through this change. You can read their draft code of practice here
 
The term ‘flexible working’ can refer to several different possibilities but essentially it’s a way of working that suits an employee’s needs. This may mean potential adjustments to working patterns or hours, for example choosing when to start and finish work within agreed limits. 

It can include term time working, job share, a four-day week, flexi-time, part time, a flexible bank holiday policy, and condensed hours. 
 
Location is also key to flexibility, whether that’s hybrid work divided between various locations or working entirely remotely. However, even those who spend all their time working from home or elsewhere may be expected to attend centrally located work events such as training, CPD, and team meetings.

Flexible Working Contracts

Figures gathered by Statista reveal the type and prevalence of flexible working contracts in the UK last year. 

  • Flexible working hours was the most common flexible working practice in 2023, with around 4.42 million UK employees having employment contracts that allowed for this. 
  • The second-most prevalent type of flexible arrangement was an annualised hours contract, where an employee works a specified number of hours over a year rather than working the same hours every week or month. 
  • Job sharing was the least common type of flexible working contract, with less than 100,000 employees on these contracts. 

Can you Refuse a Request?

Not all roles will be suitable for every flexible working request, and employers are allowed to refuse a flexible working request if there is a genuine business reason not to. If a request is refused, the written decision should be clearly explained to the employee. 

Creating clear guidelines around flexible working policies is important so that everyone has a good understanding and realistic expectations of how working preferences can be accommodated within reasonable business constraints. 

Getting it Right

Flexible working opportunities are now regarded as an employee benefit and an important part of a positive workplace culture. Getting the dynamics right will help to improve employee engagement and loyalty. 

As the first point of contact with your business, job adverts should indicate the level of flexibility that can be offered. This provides clarity from the very start and acts as an incentive to attract the right applicants who are more likely to blend in better with your company ethos. 

While flexible working is undoubtedly easier for some SMEs than others, it’s becoming a reality for everyone. Understanding the challenges and benefits for your unique business means you’ll be able to accommodate the new rules more successfully when they come into force this spring. 
 

Key Takeaways

  • New laws come in from April.
  • Review your current policies and update if necessary.
  • Establish clear guidelines that work for your business. 
  • Communicate these effectively to staff.
  • Incorporate within your recruitment strategy. 
  • Expect a higher volume of flexible working requests.
  • Train managers to handle requests effectively.   
  • Ensure the right tech and tools are in place to support flexible working practices.
 

Manage Your Flexible Working With Ease

WorkSmarter’s People Management software is perfect to help support workplace flexibility, making it easy to manage, support and facilitate your flexible and hybrid admin.

From managing remote teams to tracking employee performance, our cost-effective services streamline day-to-day tasks, making it easy for businesses to foster and maintain a productive, flexible work environment.

Tracking time and attendance becomes effortless because our Timesheets service does it all for you. Everything’s set up to automatically record break times, workplaces, and more — and to export this to your payroll software. Simple!

Our friendly experts are on hand to show you how WorkSmarter’s powerful and intuitive platform helps SMEs manage teams more effectively. 
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