10/1/2024
From April 2024, requesting flexible working became a legal right for employees across the UK. The introduction of "day one" flexible working rights marks a significant milestone in employment legislation, removing the previous requirement for employees to work for their employer for a minimum term before becoming eligible to request flexible arrangements. This shift fundamentally changes how and where we work—permanently and for the better.
As organisations adapt to this new reality, two distinct approaches to flexible working have emerged:
Formal approaches include:
Four-day working weeks (predicted by Gartner to become the norm in 2024)
Part-time contracts
Job sharing agreements
Term-time contracts
Structured remote or hybrid working patterns (e.g., three days remote, two in the workplace)
Mandated office presence for a set number of days/hours
Shift rotation patterns
Informal approaches include:
Colleague-initiated shift swaps
Time off in lieu (TOIL)
Staggered hours (different start and finish times)
Flexi-time (employee-chosen start and finish times)
Compressed hours (longer hours on some days to finish earlier on others)
For informal approaches to succeed, a strong culture of trust is essential within the organisation.
Flexible working arrangements allow employees to better balance their professional responsibilities with personal commitments. This is especially valuable for:
Parents who can spend more time with their children, including picking them up from school
Those with caring responsibilities who can better manage their caregiving duties
Individuals pursuing personal interests, hobbies, or educational opportunities
The UK's four-day week trial revealed significant health benefits for participants:
Reduced stress and burnout
Improved overall mental health
Better physical wellbeing through more time for exercise and self-care
Decreased feelings of pressure and overwhelm
Flexible working can provide tangible financial advantages:
Reduced commuting costs (noted by 23% of employees as adding to financial problems)
Decreased childcare expenses
Lower daily expenses on meals and other work-related costs
Flexible arrangements can support career growth and satisfaction:
Higher job satisfaction (those without access to flexible working are twice as likely to be dissatisfied in their jobs)
Ability to pursue side projects or entrepreneurial ventures (as in Virgin's example of employees becoming published authors)
Enhanced skills development through better work-life integration
Flexible working gives employees greater control over their working lives:
Choice in how, when, and where work is completed
Autonomy to adapt work patterns to personal productivity rhythms
Trust from employers that enhances confidence and engagement
Different flexible working options can accommodate various personal circumstances:
Support for neurodivergent individuals who may benefit from tailored work environments
Accommodations for those with physical or mental health challenges
Options for employees at different life stages and with changing personal circumstances
Contrary to traditional concerns, flexible working has demonstrated positive impacts on output:
The four-day week trial showed improved productivity across participating companies
Employees often report higher concentration and efficiency when working in their preferred environments
Reduced absenteeism means more consistent workflow and output
Flexible working has become a crucial factor in the employment market:
92% of companies in the four-day week trial continued the practice due to positive outcomes
Standard Chartered found it was attracting and retaining more diverse talent
Businesses can realise significant financial benefits:
Reduced office space requirements
Lower operational costs for utilities and facilities
Decreased turnover means lower recruitment and training costs
Flexible working fosters stronger connection to the organisation:
Employees report increased satisfaction and engagement
Greater loyalty to employers who accommodate their needs
Enhanced trust between management and staff
Standard Chartered reported stronger employee engagement after implementing flexible options
Organisations with established flexible working practices demonstrate greater adaptability:
Enhanced ability to respond to disruptions or crises
Distributed workforce can maintain operations under various circumstances
Practice in remote collaboration strengthens communication processes
Flexible policies support diversity objectives:
More accessible work opportunities for those with caring responsibilities
Greater gender equality in the workplace (highlighted during the International Women's Day event)
Accommodation of different working styles and personal circumstances
Standard Chartered specifically noted gaining a "clear competitive advantage" through increased diversity
Organizations embracing flexibility often experience positive cultural shifts:
Development of trust-based working relationships
Focus on outcomes rather than presence
More collaborative and supportive management approaches
Greater emphasis on work quality over quantity
Many forward-thinking organizations have already embraced flexible working policies with remarkable results:
Standard Chartered offers five working options to employees, allowing them to choose between hybrid and flexible hours at home and/or in the office, or a fixed agreement. Their implementation process included consultation at every level, resulting in:
Improved work-life balance
Stronger employee engagement
Attraction and retention of more diverse talent
A clear competitive advantage
Leonardo UK, an aerospace, defence, and security giant, won the Best Flexible Working Policy Award at the 2023 Investors in People Awards for their "Custom Working" approach. Their policy has enabled employees to maintain work responsibilities while managing personal circumstances, including caring for ill family members.
Even Virgin embraced flexible working years before it became mainstream. Richard Branson shared how remote working technology allowed two employees to pursue their ambitions, with one becoming a published author and another supporting his wife's writing career. As Branson noted, "It's archaic to assume that people do their best work at a desk."
For organisations planning to implement new flexible working approaches, consider these key strategies:
Communication is crucial. Listen actively to understand employee needs, communicate regularly, and involve staff at every level.
Remain adaptable. What works today might not be appropriate in a few months. Consider trial periods and evaluate outcomes.
Invest in leadership training. Managers need specific skills and knowledge to confidently lead hybrid or flexible teams.
Provide appropriate tools and equipment. Employees cannot succeed without the right systems and resources to perform their jobs.
By early 2023, flexible working had already become a central topic in workplace discussions. In December 2022, the UK Government announced plans to make requesting flexible working a right from day one of employment, signalling the beginning of this significant shift in employment law.
The results of the UK's largest trial of a four-day work week were released in early 2023, with compelling findings:
92% of participating companies pledged to continue the four-day schedule
Positive impacts on productivity and revenue were documented
Staff retention improved
Employee health and wellbeing showed significant enhancements
Flexible working emerged as a key theme during P3's online International Women's Day event in 2023. After experiencing the benefits of remote working during the pandemic, employees began expecting more flexibility from their employers.
As P3 HR Manager Claire Mitton noted at the time: "There are lots of ways that businesses can increase flexibility for staff, including buying and selling holidays, and offering compressed hours, but also through bonuses and incentives for those who can't work flexibly. The most important thing is to engage staff in a conversation about what they would value and what would motivate them. It could be more training opportunities, dress down days or social events. It’s not a one-size-fits-all situation as not everyone can work in the same way, but it’s important to engage with your teams and have these conversations."
At this point, UK law still stated that employees could only request flexible working after 26 weeks of employment, with requests limited to one per 12 months. However, businesses were already exploring multiple flexible working arrangements:
Part-time working
Job sharing
Homeworking
Shift swapping
Term-time contracts
Compressed hours
Four-day weeks
Career breaks
Research by the CIPD showed that people without access to flexible working were approximately twice as likely to be dissatisfied in their jobs compared to those with flexibility options.
For employers, the benefits included:
Reduced stress and burnout among staff
Healthier work-life balance
Increased job satisfaction
Decreased absence, resignations, and sick leave
However, challenges remained. Organisations needed to:
Educate HR teams and senior leaders about flexible working options
Address resistance from management
Implement clear policies and processes
Consider alternatives for roles unsuitable for flexibility
The foundations for today's flexible working legislation were established in 2022, when the UK government ran a consultation from September to December 2021 to gather views from employees and employers. This was in response to the Flexible Working Bill introduced to Parliament in June 2021.
The initial policy changes proposed:
Allowing employees to request flexible working from day one (rather than after 26 weeks)
Permitting more than one change request per year
Reducing employer response time
Requiring employers to suggest alternatives if unable to accommodate the original request
Additionally, the government planned to introduce a day one right for the 5 million UK workers with caring responsibilities to have one week's unpaid leave annually. This was particularly significant given that:
1 in 7 of the UK workforce had caring responsibilities alongside their jobs
Approximately 600 people left their jobs daily due to caregiving demands, according to Carers UK
By 2022, flexible working had already demonstrated benefits for both employees and employers during the pandemic. The focus shifted to empowering employees to have greater control over their work arrangements, with the goal of creating a more productive, happy, and healthy workforce.
To prepare for these changes, businesses were advised to:
Develop capacity to manage requests within new timescales
Train managers to handle change requests effectively
Review existing policies and procedures
Consult with employees to strengthen working relationships
Be transparent about roles suitable for flexible working in job advertisements
Structure response processes, particularly for rejections
Research from Beis and the Equalities and Human Right Commission revealed significant barriers to flexible working requests:
Almost 40% of working mothers who would benefit from flexible working didn't request it, assuming rejection or fearing career damage
One in three flexible working requests were refused
46% of workers had no access to any form of flexible working
At this time, employers could reject flexible working applications for eight reasons:
Extra costs that would damage the business
Inability to reorganize work among other staff
Recruitment challenges for the work
Impact on quality
Impact on performance
Inability to meet customer demand
Lack of work during proposed times
Planned workforce changes
These reasons were considered too broad and vague by many employees and employers who participated in the consultation, prompting the government to consider narrowing them while balancing individual and business needs.
As we move forward, flexible working continues to reshape how we think about work and the workplace. What began as a response to the pandemic has evolved into a permanent transformation of employment practices, officially enshrined in UK law from April 2024.
The journey from optional benefit to legal right reflects changing attitudes about work-life balance, productivity, and employee wellbeing. Organizations that embrace these changes stand to benefit from increased engagement, improved retention, and access to diverse talent.
Most importantly, successful flexible working policies require ongoing communication, willingness to adapt, and a foundation of trust between employers and employees. By listening to workforce needs and implementing thoughtful, inclusive policies, organizations can turn this legislative change into a competitive advantage while improving quality of life for their employees.
If you’d like to discuss any of the issues detailed in this article, get in touch with us today on 0161 941 2426. We’re here to help.
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