Flexible Working Requests: Why Every Employee Can Ask From Day One

Introduction

Did you know that any employee can request flexible working from their very first day in a role? This is one of the most significant changes to UK employment law in recent years, introduced in April 2024. According to Statista, around 4.42 million employees in the United Kingdom had employment contracts that allowed for flexible working hours in 2023, making it the most common flexible working practice that year.

While this is great news for employees, many SME business owners are asking the same question: how can we offer flexibility without impacting our bottom line? This article explains the law, clears up common misconceptions, and provides practical steps for SMEs to manage requests effectively.

The Day-One Right Explained

From 6 April 2024, UK law gives all employees the statutory right to request flexible working from their first day of employment. This is no longer limited to those with 26 weeks’ service. Flexible working can include:

• Remote or hybrid working
• Part-time hours
• Compressed workweeks
• Flexible start and finish times
• Job sharing

Employers must:

• Handle the request reasonably under the statutory procedure
• Consult with the employee before rejecting
• Issue a decision within two months, unless both parties agree to extend

Employees can now make two requests in any 12-month period, and they are no longer required to explain the effect the change might have on the employer. This means you need a clear process in place from day one.

Common Misunderstandings

• It is a right to request, not a guarantee
  Employees can ask, but you can refuse if a recognised business reason applies.
• Reasonable handling does not mean automatic approval
  You must consult, consider alternatives, and provide a timely decision.
• The day-one right applies only to employees
  It does not cover contractors or other worker types.

Valid Business Reasons for Refusal

• Additional costs that are too high
• Negative impact on quality or performance
• Inability to reorganise work among staff
• Insufficient work during proposed hours
• Impact on customer service
• Planned structural changes

Document your reasoning carefully and communicate clearly to avoid disputes. Remember, refusal without proper consultation or documentation could lead to claims of discrimination or constructive dismissal.

Types of Flexible Working

• Job-sharing
• Part-time working
• Annualised hours
• Compressed hours
• Flexitime
• Term-time working
• Swapping hours
• Working from home
• Career breaks
• Flexible shift working

Best Practice for SMEs

1. Update your flexible working policy immediately
   Make sure it reflects the day-one right and the April 2024 changes.
2. Include key considerations in your policy
   Core working hours, working abroad, office attendance, eligibility, business needs, wellbeing impact, and the application process (including consultation and decision).
3. Consult with staff
   A quick survey can help you understand what flexibility employees want and where compromises can be made.
4. Analyse job roles and peak times
   Identify where flexibility is possible without harming productivity.
5. Establish core hours or days
   Ensure key staff are available when your business needs them most.
6. Communicate clearly
   Make sure employees understand what is allowed and what is not.
7. Use tools to support flexibility
   Consider time tracking, task management, instant messaging, and video calling tools to keep your team connected and productive.

Technology That Supports Flexible Working

To make flexible working successful, SMEs should consider a range of tools that improve communication, collaboration, and accountability:

• Cloud document storage and collaboration for secure file sharing and editing.
• HR and payroll management systems to manage employee records and leave requests remotely.
• Scheduling and shift planning tools to allocate resources and avoid understaffing.
• Employee engagement platforms for surveys and feedback to monitor wellbeing.
• Project collaboration suites that combine chat, file sharing, and task tracking.
• Cybersecurity tools such as VPNs and multi-factor authentication to protect sensitive data.

Legal Risks for Employers

Employees cannot lawfully be dismissed, selected for redundancy, victimised, or subjected to any detriment for asserting their right to apply for flexible working. Refusing a request without following the correct process could risk a discrimination claim.

How We Can Help

Handling flexible working requests can be complex, especially for SMEs without dedicated HR teams. We can take the entire process off your hands, including:

• Managing the Request from Start to Finish
  We handle the consultation with the employee, assess the impact on your business, and provide a compliant response on your behalf.
• Policy Creation and Updates
  We draft or update your flexible working policy so it meets the April 2024 legal requirements and fits your business needs.
• Manager Coaching and Training
  If you prefer to keep the process in-house, we train your managers on how to consult with employees, assess requests fairly, and avoid discrimination risks.
• Risk Management and Compliance
  We ensure every step is documented properly to protect against tribunal claims and keep you compliant.
• Ongoing HR Advice
  We keep you informed about future changes in employment law so you stay compliant without the stress.

Final Thoughts

The April 2024 law change means any employee can request flexible working from day one. This is a big shift for SMEs, and failing to prepare could lead to compliance risks and employee dissatisfaction. With our support, you can manage requests fairly and protect your business without adding extra workload.

Call to Action

Need help updating your flexible working policy or want us to handle the entire process for you? Contact us today to ensure your business stays compliant and avoids costly mistakes.