‘Flexible working’ describes a type of working arrangement which gives a degree of flexibility on how long, where, when and at what times employees work.

Flexible working practices include:

• Part-time working: work is generally considered part-time when employers are contracted to work anything less than full-time hours.

• Term-time working: a worker remains on a permanent contract but can take paid/unpaid leave during school holidays.

• Job-sharing: a form of part-time working where two (or occasionally more) people share the responsibility for a job between them.

• Flexitime: allows employees to choose, within certain set limits, when to begin and end work.

• Compressed hours: compressed working weeks (or fortnights) don't necessarily involve a reduction in total hours or any extension in individual choice over which hours are worked. The central feature is reallocation of work into fewer and longer blocks during the week.

• Annual hours: the total number of hours to be worked over the year is fixed but there is variation over the year in the length of the working day and week. Employees may or may not have an element of choice over working patterns.

• Working remotely on a regular basis: employees work all or part of their working week at a location remote from the employer's workplace. This can be at home or elsewhere.

• Hybrid working: a combination of remote/ home and workplace working.

• Career breaks: career breaks, or sabbaticals, are extended periods of leave – normally unpaid – of up to five years or more.

• Commissioned outcomes: there are no fixed hours, but only an output target that an individual is working towards.

• Zero-hours contracts: an individual has no guarantee of a minimum number of working hours, so they can be called upon as and when required and paid just for the hours they work. Find out more about zero-hours contracts.

The list above isn't exhaustive. Flexible working can include other practices for example employee self-rostering, shift-swapping or taking time off for training.

Flexible working arrangements can be formal or informal. Some organisations choose to amend the written employment contract when new working arrangements are put in place, and/or include flexible working policies in the employer’s handbook. However some forms of flexible working, such as working from home, are likely to be offered informally, for example in agreement with an employee’s line manager.

More action is needed to increase the uptake of flexible working arrangements to create more inclusive, diverse and productive workplaces that suit both the needs of organisations and individuals.

While the COVID-19 pandemic has driven an increase in working from home and hybrid working opportunities, we would like to see a similar increase in the provision and uptake of other types of flexible working such as flexible start and finish times, compressed hours and job-shares.  

It’s important to recognise that hybrid working has inclusion and wellbeing advantages for employees and can help attract and retain people who otherwise might struggle to hold down employment. However, for the vast number of employees( 60%)* whose roles require them to be in the physical workspace, working from home and hybrid working is simply not an option. 

There’s unmet demand for varying types of flexible working. Considering that 6% of employees changed jobs last year due to a lack of options – and 12% left their profession/sector altogether – it is essential for employers to increase both formal and informal flexible working arrangements to improve staff retention and attract a broad pool of talent.

We’re currently co-chairing a Government Flexible Working Taskforce to promote wider understanding and use of inclusive flexible work and working practices. Members of the Taskforce are collectively using our ability to reach and influence thousands of employers to encourage them to promote greater access to flexible working.

The CIPD’s view is that flexible working practices should be the norm- not the exception -for all workers. With that in mind, for the last couple of years, we have campaigned through our #FlexFrom1st work to make the right to request flexible working a day one right rather than after 26 weeks of employment in the UK. The rationale behind that has been to broaden out opportunities and fairness for all employees and we are delighted that the UK Government has announced it intends to bring forward secondary legislation to do just that. 

We’ve also produced cross-sector flexible working guidance and a toolkit for HR professionals focusing on how to improve and promote flexible working uptake, successfully implement it, and measure and evaluate its impact. 

Flexible working can lead to direct and indirect business benefits. The direct business benefits include savings on office space, for example, using technological advances to allow remote working and hot desking. Flexible working also allows a better match between business resources and demand, for example serving customers on a 24/7 basis.

We know that the COVID-19 pandemic has driven a rise in working from home and hybrid working (a combination of home and workplace working).  We have practical advice on how to effectively manage different aspects of remote working, including online meetings, legal and contractual issues, keeping healthy and effective habits. The Health and Safety Executive also offer guidance to help both employers and employees deal with the implications of working from home. 

We’ve published practical guidance for organisations to help support hybrid work planning as well as a survey report, with more in-depth interview and case studies showcasing different approaches to flexible and hybrid working. We have also produced joint guidance with the Flexible Working Taskforce on Effective hybrid working focusing on the key areas of: people management; recruitment and induction; inclusion and fairness and health, safety and wellbeing.

In April 2003, the UK Government introduced the ‘right to request flexible working’ which historically applied to parents and certain other carers. The legislation now includes all employees with at least 26 weeks' continuous employment, regardless of parental or caring responsibilities. Employers have a duty to consider a request in a reasonable manner and can only refuse a request for flexible working if they can show that one of a specific number of grounds apply. Acas has issued guidance and a Code of Practice for employers on handling such requests in a reasonable manner.

Similar procedures apply to requests for flexibility with time off work for study or training.

The right to request flexible working doesn't apply to some categories of worker, for example certain agency workers.

The Flexible Working Bill has now received Royal Assent. This will make requests for flexible working a day one employment right (see our Recent and forthcoming legislation page for more details). This Act is expected to come into force in 2024.

CIPD members can find out more in our Requesting flexible working law Q&As.

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