Exploring the New Flexible Working Act

In the landscape of modern employment, flexibility has become a cornerstone of work-life balance. The UK has taken a significant step forward with the new Employment Relations (Flexible Working) Act 2023, which comes into effect from 6th April 2024, setting a new precedent for workers and employers alike.

Navigating The New Flexible Working Rights

Starting from day one of employment, employees have the ability to request flexible working arrangements. This is a significant departure from the previous requirement of a six-month tenure. Workers are now empowered to shape their professional life to fit around personal commitments — be it childcare, pursuing further education, shifting schedules, or simply improving work-life balance from the get-go. The Flexible Working Act embraces the diversity of today's working needs​

The Essence of Flexible Working

Flexible working isn't just about choosing your hours. It's a philosophy that allows you to blend work with your life in a way that benefits both. Whether it's about adjusting work hours, compressing the workweek, or deciding on a work location that's closer to home, the new law acknowledges that work is a part of life, not the other way around.

It's also a positive step forward for businesses to retain the best talent. In a competitive landscape, companies embracing flexibility are more likely to attract top talent, boast higher staff motivation, and witness reduced turnover rates. This, in turn, enhances productivity and competitiveness, a win-win for the UK business sector.

Faster Responses, More Opportunities

The new Flexible Working Act stipulates that employers must respond to flexible working requests within two months. This quicker turnaround means workers can plan their life with more certainty and less waiting. Plus, there is the opportunity to now make two requests per year (up from one), which allows for adaption to life changes.

The Win-Win of Flexible Working

The move towards flexible working isn't just a win for employees; it's a boon for businesses too. Forward-thinking companies have noted that when employees have control over their work-life balance, they're happier, more motivated, and less likely to leave, which, in turn, boosts a company's productivity and innovation.

Business and Trade Minister Kevin Hollinrake voices a clear stance: "A happier workforce means increased productivity."

This stance is echoed by Acas Chief Executive, Susan Clews, who commented to Acas about the Flexible Working Act: "There's been a global shift and changed attitudes towards flexible working. It has allowed more people to better balance their working lives and employers have also benefitted from being an attractive place to work for staff that value flexibility."

Both highlighting the dual benefits the Act brings, of catering to employees' needs while bolstering business growth​.

Attracting and Retaining Talent

CIPD research throws light on a stark reality: 6% of employees left their jobs last year (2022) due to inflexible working conditions, with 12% exiting their professions entirely. These numbers represent a significant portion of the workforce and underscore the urgency of adopting flexible work practices to retain skilled workers​​.

With the introduction of this law, companies now have a solid framework to offer the flexibility that modern workers are seeking, which is crucial in today's competitive job market.

Flexible Working: A Necessity, Not a Perk

The pandemic changed the work landscape, and the new law is a step towards acknowledging this shift. The Employment Relations (Flexible Working) Act 2023 doesn't just introduce the right to request flexible working; it ensures that employers engage in meaningful consultation with employees before any request could be declined. This dialogue-centric approach is designed to foster a more collaborative and accommodating work environment for everyone.

Chief Executive of Working Families, Jane van Zyl said to ACAS: "There are millions of parents and carers in the UK who rely on flexible working to enter and stay in employment. It is no longer a perk; for many, it is a necessity. But flexible working isn't just good for people – it's also good for business, and good for the economy."

Defining Flexible Working Patterns From Day One

At Pith & Stem, we champion the notion of defining flexible working terms upfront, as part of the employment contract. This strategy not only sets clear expectations but also aligns professional roles with personal life from the very beginning. While the new law does not guarantee the acceptance of every flexible working request, it paves the way for open conversations and potential compromises.

Embracing The Change: What it Means For You

Despite the law's advancement, there's no blanket assurance that every request for flexible working will be granted. However, the new framework ensures that such requests are given due consideration, reflecting a significant stride towards a more flexible and empathetic working culture in the UK.

For employees, the new law opens up opportunities for a better balance between professional and personal lives. It's not just about working remotely or starting late; it's about having the autonomy to make decisions that benefit well-being and family life without compromising on career goals.

Preparing For a Flexible Working Future

With the day-one right to request flexible working on the horizon, both employers and employees need to gear up for the change. Employers should review their policies and prepare for an increase in requests, while employees should be ready to articulate their needs clearly and be open to negotiation.

What does flexibility mean for you? Is it about avoiding rush hour, being there for your children's school plays, or simply having the time to take care of your mental health? Whatever it is, the new law gives you a stronger foundation to build the work-life balance that suits you best.


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