Flexible Working: What the New Law Means for HR

Karl Wood
5 min read3 days ago

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Hello, HR leaders and organisational trailblazers! If you’ve been keeping up with the latest HR news, you know that the Employment Relations (Flexible Working) Act 2023, commonly known as the flexible working law, has been making waves since it came into effect on 6 April 2024. This law is more than a headline; it’s a game-changer for how we think about work. So, let’s dive into what this means for us in HR and how we can truly leverage this to transform our workplaces.

Embracing flexibility: New workplace laws empower diverse work arrangements from day one.

Why Flexible Working Matters

For many employees, this law couldn’t come soon enough. A LinkedIn poll shows that 77% of workers consider flexible working more important than salary when choosing a new job. The Chartered Institute of Personnel and Development (CIPD) reports that 4 million people have switched jobs due to inflexibility. Moreover, the CIPD data highlights that flexibility directly contributes to better competitiveness and revenues.

Flexibility isn’t just a nice-to-have; it’s a business imperative. In today’s competitive landscape, attracting and retaining top talent means offering more than just a paycheck. Flexibility speaks to the modern worker’s desire for balance, autonomy, and a work-life blend that traditional nine-to-five jobs can’t offer.

What’s Changed with the New Law?

Let’s break down the new legislation and see what’s really changed:

  • Immediate Eligibility: Employees can now request flexible work from their first day on the job. No more waiting six months to ask for what should be a given in today’s working world.
  • Increased Requests: Employees can make two requests for flexibility within a year, giving them more opportunities to adjust their working arrangements as their needs evolve.
  • Simplified Requests: Employees no longer need to detail the business impact of their request, making the process less daunting and more accessible.
  • Mandatory Consultation: Employers must consult with employees about their requests, fostering a more collaborative approach to work arrangements.
  • Faster Processing: Requests must be processed within two months, ensuring employees aren’t left in limbo for extended periods.

While these changes may seem incremental, they collectively represent a significant shift towards a more flexible and responsive work environment. However, it’s not just about ticking legal boxes; it’s about rethinking how we approach work and employee engagement.

Getting HR Up to Speed

The first step in adapting to this new reality is updating your flexible working policy. Ensure all relevant managers and HR professionals are well-versed in the changes. The new Acas guidelines offer a great starting point for understanding and implementing these requirements.

According to a report by Slack, 55% of employees in smaller businesses planned to make a flexible work request under the new rules. Given that the return to the workplace post-pandemic is likely to bring a flurry of flexible working requests, it's crucial for HR to be proactive. Handling these efficiently is essential to avoid ending up at an employment tribunal.

Practical Steps for HR

  1. Policy Overhaul: Review and update your flexible working policies to reflect the new legal requirements. Please make sure they are transparent, accessible, and inclusive.
  2. Manager Training: Educate managers on how to handle flexible working requests. This includes understanding the legal framework and the soft skills needed to discuss and negotiate these requests empathetically.
  3. Communication: Keep the lines of communication open. Regularly update employees on their rights and how to make flexible work requests. Transparency is key to building trust.
  4. Feedback Mechanisms: Establish robust feedback mechanisms. Regular check-ins and anonymous surveys can help gauge how well your flexible working policies are being received and where adjustments might be needed.

The Strategic Opportunity

Rather than seeing the new law as a battleground, view it as an opportunity. Many businesses already recognise the benefits of flexible working, including higher employee retention, engagement, and productivity. With the spotlight on flexibility, HR can lead in reshaping how work is done.

Flexibility Beyond Location

Flexibility isn’t just about office vs remote work. It includes job sharing, different work patterns, and compressed hours. Work is no longer defined by a specific location or set hours. Flexible working needs to be genuinely flexible.

Focus on Process and Communication

Effective flexible working arrangements require robust processes and clear communication. When assessing a request, review the potential impact and benefits of accepting or rejecting it. Use this review to improve your organisational culture and focus on creating a positive, productive work environment.

Learning from Leaders

Not every company will adopt radical changes overnight, but there are lessons to be learned from those leading the way. For instance, Dropbox has adopted a virtual-first, asynchronous work model, allowing employees autonomy in completing their work.

Forward-thinking businesses need to come together to understand how to get the most out of their people, empowering them to deliver their best work. This law isn’t about making flexibility a free-for-all but about aligning flexible work practices with business goals to create a more effective and engaged workforce.

Conclusion

The Employment Relations (Flexible Working) Act 2023 catalyses change. By embracing this law, HR leaders can drive meaningful transformation, fostering a culture where flexibility enhances performance and engagement. It’s time to rethink traditional work structures and take charge of a more inclusive, flexible future.

Let’s disrupt the traditional, challenge the norms, and build workplaces that are not just inclusive but are beacons of diversity and innovation. The future of work is here, and it’s inclusive. Let’s make it happen!

Follow me on Medium for more insights on transforming your workplace and fostering a culture of true flexibility. Together, we can drive positive change and create vibrant, dynamic, and inclusive workplaces.

Are you seeking guidance on diversity, compliance, organisational development, performance management, or employee engagement?
Let’s open a conversation: karl@winchr.uk

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Karl Wood is a global HR and employment professional with an impeccable record of delivering HR solutions for industry-leading firms. Known for his characteristic creativity, Karl champions ideas that promote growth, profit, and a positive organisational identity.

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Karl Wood

Karl Wood is a global HR Director known for championing ideas that promote growth, profit, social value and positive organisational identities.