Flexible working

The situation

Flexible working can play an important role in helping organisations attract and retain the people and skills they need to perform effectively and grow.  
 
Employers that provide flexible working arrangements that support people’s work-life balance are also likely to benefit from a more satisfied, motivated and loyal workforce and overall business flexibility.
 
While the COVID-19 pandemic has driven an increase in working from home and hybrid working opportunities, focus also neess to be given to flexibility for the many non-office and front-line workers and a range of practices that work for both employers and employees.

That’s why at the CIPD, we have always championed a broad range of flexible working options to suit a wide range of jobs across sectors and industries. There is no one size fits all approach - organisations need to pilot and try out different ways of working to see what best suits the needs of their organisation and people. 

CIPD viewpoint

We have long been advocates for flexible working practices and campaigned for the day one right to request flexible working through our #FlexFrom1st campaign. 

The requirements in the Employment Rights Bill will potentially further strengthen the Employment Relations (Flexible Working) Act 2023, which brought in a day one right to request flexible working. It is proposed that any refusal of a flexible working request must be reasonable, but the eight business reasons listed in legislation will remain the same. An employer must explain in writing the reason for any refusal and why their refusal is considered reasonable.

In too many workplaces, obstacles such as a lack of knowledge about different flexible working practices and even negative attitudes of leaders and line managers towards flexible working can prevent its benefits being realised. Line managers and senior leaders that are informed and proactive can act as role models and create inclusive workplace cultures where individuals feel able to have discussions about flexible working.

The CIPD has been supporting the people profession to use its unique position to break these barriers and promote and support a wider uptake of flexible working practices, through: 

• Working with the Department of Business and Skills, publishing research and guidance on enabling flexible working, and creating practical tools for organisations to bring about change.
• Sharing practical guidance, case studies and toolkits for the people profession.
• Supporting the people profession with the changes to flexible working legislation. 

Actions for the UK Government

1. Provide guidance and support to organisations on any strengthening (through the Employment Rights Bill) of the Employment Relations (Flexible Working) Act 2023.
2. Reconvene the Flexible Working Taskforce or incorporate a focus on flexible working as part of a broader workforce commission, to share good practice examples on hybrid and broader flexible working for different sized organisations and sectors.
3. Work with organisations (such as the CIPD) on myth-busting around flexible working to dispel the notion that it cannot work for certain employees or job roles that are traditionally not considered flexible.
4. Establish a flexible working challenge fund for businesses with non-office and front-line workers to trial and promote different forms of flexible working and their benefits for business  and employees.
5. Highlight, through guidance, the organisational factors that support better adoption and performance of home and hybrid working, such as training for line managers and effective inductions and ensure that organisations have well communicated health and safety policies that cover remote working.

Recommendations for employers

• Prepare for any strengthening of the existing Employment Relations (Flexible Working) Act 2023. The new proposal in the Employment Rights  Bill, means employers (where appropriate) must assume and accommodate flexible working from day one (apart from when it is not reasonably feasible). Any refusal of a flexible working request must be reasonable, but the eight business reasons listed in legislation will remain the same. Practical steps that can be taken ahead of potential changes in this area include:
  
  
  • updating policies and processes on responding to flexible working  requests
  • revising recruitment processes to reflect earlier conversations about flexible opportunities
  • providing training and support for line managers in managing flexible workers.
    
    
• Raise awareness of different forms of flexible working, such as compressed hours and job sharing, and explore how they can be effective in roles that have traditionally been seen as non-flexible.
• Develop mutual trust between line managers/senior management and employees in flexible working arrangements. Support these arrangements with appropriate people management systems and processes.
• Consult and collaborate with employees when designing hybrid working practices. Develop clear and transparent policies and principles about eligibility for – and access to – hybrid working, and establish systems to monitor decision-making and access. Develop ways of creating a stronger connection between employees and organisation purpose and culture (as this tends to be most impacted by hybrid working). Consider ways of creating an attractive workspace offering and access to financial support and flexibility to support commuting costs such as season ticket loans, cycle-to-work schemes and subsidised travel. Continue to review, adapt and improve approaches.
• Provide training to managers on how to manage flexible and hybrid teams effectively and fairly and give support around performance management, remote communication, collaboration and relationship-building, and employee development and progression.