With an upcoming change in the law regarding flexible working, FMB South Director Iain Kirtley gives an overview of what the changes are and how they may affect you.
What is flexible working?
Flexible working refers to a mode of work that aligns with an employee's individual requirements, such as flexible start and finish times or the option to work remotely. It's important to note that all employees possess the legal entitlement to request flexible working. Employees can seek alterations in various aspects, including:
- the total number of working hours;
- start or end times of their workday;
- the specific days they work;
- the location from which they work; and
- this process is formally referred to as 'making a statutory application'.
What are the changes?
Starting from 6 April, employees can now submit a statutory request to make permanent changes to their contract from their very first day of employment. This means they have the opportunity, from day one, to propose adjustments to their working hours, patterns, and location.
Furthermore, employees will now have the option to make two requests within any twelve-month period, as opposed to just one as previously allowed. Additionally, employers are now required to respond to these requests within two months, compared to the previous three-month timeframe.
In the event that you are unable to accommodate a request, it's essential to engage in consultation with your employee. However, with the changes introduced on 6 April, your employee will no longer be obligated to detail the potential impact of their flexible working request on your organisation or suggest solutions.
It's important for employers to handle these requests reasonably. Requests can only be rejected for one of seven specified business reasons. Be sure to review the reasons for rejecting a request to ensure compliance.
It is worth noting that flexible working rules are different in Northern Ireland.
What are the seven specified reasons?
According to information on gov.uk, employers can reject an application for any of the following reasons:
- extra costs that will damage the business;
- the work cannot be reorganised among other staff;
- people cannot be recruited to do the work;
- flexible working will affect quality and performance;
- the business will not be able to meet customer demand;
- there’s a lack of work to do during the proposed working times; or
- the business is planning changes to the workforce.
What are the responsibilities of an employer?
Employers are obligated to address requests in a manner that is deemed reasonable. Examples of handling requests reasonably include:
- evaluating the pros and cons of the application;
- arranging a meeting to deliberate the request with the employee; and
- providing an avenue for appeal.
More information on these responsibilities can be found via the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice on flexible working requests for further guidance.
If an employer fails to handle a request reasonably, the employee reserves the right to bring the matter to an employment tribunal.
An employer retains the authority to decline an application if they have a valid business justification for doing so.
Where can I find more information?
There is more guidance and advice via the Government’s website.
What’s your experience of flexible working and how does it work in construction?
Get in touch and let me know your thoughts.
Authors
Iain Kirtley
With over 20 years’ experience of membership bodies, not for profit organisations and the private sector, Iain joined the FMB in August 2023 from the Chartered Institute of Building where he worked with construction companies of all sizes to support them with training, development and accreditation.
