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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
In this guide, we'll look at what flexible working is, whether it's a statutory right, and how to introduce these working arrangements into your business.
In the modern business world, employees are seeking more control over their employment and the hours they spend working. One way they can do this is via flexible working, which comes in many forms - each with its own set of benefits.
Not allowing employees to work flexibly could make it harder for you to attract the best talent. Not to mention, it could lead your best staff to leave your business for a more flexible role elsewhere.
In this guide, we'll discuss the different types of flexible working, the benefits they can bring to your business, and how to manage flexible working requests. You can also download our flexible working hours policy template - so you get it right every time.
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Flexible working is an alternative to traditional working hours. It's the name given to any type of working pattern that's different from an employee's existing one.
These types of working patterns can include working from home, a flexible start or finish time, and even job sharing. Flexible working is becoming a key player in the modern business world as employees seek a more autonomous working life.
There are many different types of flexible working that you can offer your employees - each one comes with its own set of benefits. Let's discuss them in more detail:
Part-time work is a form of flexible working where people work shorter hours and fewer days compared to other employees who work full time hours.
This form of working might be beneficial for employees with young families. Many of which choose to move to a part-time working pattern after maternity leave so they can maintain a healthy work-life balance. It's might also be popular for any students that you have employed, as it can help them balance their studies and work.
This form of flexible working is when employees work all or part of their working week at home, or a different location to their usual workplace.
Working from home or remote work can be beneficial to your staff as it saves them time and money on commuting. However, ensure anyone working remotely should be expected to work to the same standard they would do if they were in the office.
Staggered hours are a type of flexible working where someone has different start and finish times than their colleagues. This can also include breaks and lunchtimes.
This flexible working arrangement can allow employees to balance their work with other commitments they have. For example if they need to drop their children off at school.
Job sharing is a type of working pattern where two employees share a full-time role. Both of them have the same responsibilities and share equal accountability for any success in the position.
For an employee, it can be advantageous - especially if they're looking to return to the same level of responsibility despite their growing family.
Compressed hours is a working arrangement where an employee covers their contracted hours in fewer working days. This is opposed to part-time working or job share where their working hours are reduced.
This working schedule can sometimes involve taking one day off a week, such as a Friday - and working longer hours on the other four days to cover. This type of working pattern can be particularly beneficial to any employees who are studying for a master's degree whilst in employment.
Flexi-time is a type of flexible working where an employee chooses when they start and end their working day, within agreed limits. Some people choose to take this option to work around childcare, or to make time for their hobbies.
However, they will work certain core hours. For example, many workplaces choose to make 10am to 4pm their core hours.
Annualised hours is a form of flexible working that's similar to flexi-time, but on an annual basis. Employees will work a specified amount of hours over the year, but have added flexibility as to when those hours will be worked.
This type of working pattern should be listed within their employment contract as an hourly basis, rather than weekly or daily.
There can be many benefits to offering a flexible working pattern, such as increasing staff retention. But along with that, it might also have the following positives, such as:
As well as the benefits, there can be disadvantages to offering flexible working hours - such as employees trying to take advantage of being away from the office. For example, they may take longer lunches when working from home.
Other disadvantages include:
All employees have the legal right to request flexible working after they've worked for the same employer for at least 26 weeks. As a result of the Employment Relations (Flexible Working) Act 2023 there will be changes to flexible working request process, once implemented.
In the meantime, employees can only make one statutory request for flexible working every 12 months.
When employees request flexible working, they're not legally required to fill out a specific form. But, for it to qualify as a statutory request, it must:
It's also advisable to have a flexible working request form template within the employee handbook. This will make the whole process quicker and easier.
You should handle any requests you have in a reasonable manner and with careful consideration, examples of these are:
Ensure you follow the ACAS guide when handling flexible working requests. It sets out what you should do as good practice when considering these requests. Whilst they are not legally required, tribunals use them when deciding on relevant cases.
Their guidance is as follows:
Yes, you are allowed to refuse a request for flexible working arrangements. But if you do so, you must give a permitted reason and not take longer than three months – unless an extension is agree to. Permitted reasons include:
However, before refusing their request, you may want to allow a trial period. Typically, employers choose a trial of three or six months of the new working arrangements before making a final decision.
Employees can appeal your final decision, and under ACAS guidance you must deal with an appeal as quickly as possible.
If you're looking to provide staff with more flexible working arrangements, it's important you know how to manage the situation correctly.
Let's discuss ways you can do this in more detail:
A good way to successfully manage flexible working in your company is to create a flexible working policy. Flexible working policies are included within the employee handbook, and make clear the arrangements and details for all types of flexible working.
For example, it should include:
If you're not sure where to start with your policy, you can download our flexible working policy template here.
If you have employees who are working from home, remotely or hybrid working - it's important you keep in contact with them. This will ensure they don't become lonely and disenchanted from work.
You should set up weekly or even twice-weekly meetings to check in with their progress, and how they feel towards their work. Doing so will show your employees that you care about their health and wellbeing, even if you aren't in the office.
Sometimes, the flexible working arrangements you have in place with an employee may not always turn out the way they thought it would. And if this is the case, then it's important you make changes where you reasonably can. But remember, they’re only allowed one statutory flexible working request per year.
Listen to the employee about what alterations you can make to the agreements for it to work more successfully. You should be open to all suggestions as this will help to further build your working relationships.
People are seeking more control of their lives when it comes to working. Which is why working flexibly has become more popular.
But, if you don’t implement it properly, it could have severe consequences for your business. Not to mention, if you unfairly refuse a flexible working request, you could face claims to an employment tribunal.
Peninsula offers you expert 24/7 HR advice and support to help you with flexible working. As well as providing further advice on managing a chronically absent employee. Contact us today on 0800 0282 420.
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