Assessing the impact of recent and forthcoming changes to flexible working legislation
Around a fifth (22%) said their organisations are more likely to grant flexible working requests, following the April 2024 implementation of the legislation change, with a small proportion (8%) saying they are less likely to. However, for most (71%), this has remained the same.
Organisations were more likely to say the change in legislation has led to a positive rather than negative impact for their employees (37% positive, 4% negative) and for their organisation (20% positive, 12% negative).
In terms of the positive impact of the legislation, organisations cited improved employee motivation, greater employer–employee dialogue around flexible working, and the fact it has encouraged the organisation to develop a wider range of flexible working practices. Organisations also felt it has improved new staff retention as well as employee loyalty and commitment to the organisation.
For the smaller number of organisations who felt the legislation had resulted in a negative impact, they cited some of the main challenges as:
- creating conflict where requests could not be agreed
- damage to employee morale where some requests could not be agreed
- damage to employee relations where some requests were approved and some not.
Three fifths are aware that the government is proposing to strengthen legislation
More than three-fifths (64%) were aware that the UK Government is planning on strengthening the Employment Relations (Flexible Working) Act 2023 through the Employment Rights Bill (ERB). This would mean that any refusal of a flexible working request must be reasonable, but that the eight business reasons listed in legislation will remain the same. It is also proposed that an employer must explain in writing the reason for any refusal and why their refusal is considered reasonable.
While the response shows positive awareness, it still leaves over a third (36%) who were unaware of this proposal. With around 28 provisions and further amendments to the ERB, the government will need to do more to clearly communicate these changes, phase the implementation and properly support organisations, particularly SMEs. Awareness is lower in SMEs (2-249), with 41% saying they were unaware of this proposed change (compared with 33% in larger (250+) organisations).
More than a third expect a further increase in accepted flexible working requests
If the legislation is strengthened in the ERB, more than a third (36%) expect an increase in the number of flexible working requests their organisation accepts. Just one per cent expect a decrease in accepted requests.
This may indicate that the strengthening of legislation is likely to increase access and uptake of flexible working arrangements across organisations, although attention must still be paid to ensuring parity of opportunity around flexible working because our findings suggest that currently, access is not equal.
Access to flexible working not equal
Most organisations provide some flexible working arrangements but a quarter of employers believe senior employees are more likely to work flexibly than more junior staff. Employees also pointed to an unmet demand for certain types of flexible working, including compressed hours and flexi-time. A continued focus is also needed on flexibility for those in frontline and non-remote roles – around three in five employers said they provide some kind of flexibility to this group, with flexibility in scheduling shifts and in start and finish times the options most frequently provided.
Recommendations
Some of our key recommendations for the effective implementation of flexible working for both organisations and policy-makers are outlined below.
For organisations
- Prepare for any strengthening of the existing Employment Relations (Flexible Working) Act 2023. The new proposal in the ERB 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.
For policy-makers
- Provide guidance and support to organisations on any strengthening (through the ERB) of the Employment Relations (Flexible Working) Act 2023.
- Reconvene the Flexible Working Taskforce or incorporate a focus on flexible working as part of a broader workforce commission, to share good practice examples of hybrid and broader flexible working for different sized organisations and sectors.
- Establish a flexible working challenge fund for businesses with non-office and frontline workers to trial and promote different forms of flexible working and their benefits for business and employees.