For a while now, employees have been expressing a strong desire for increased flexibility within their workplaces. For many, this flexibility has become such a crucial factor that its absence can be a deciding factor in their job choices.
However, there’s potential for a shift in this landscape.
In certain regions of the U.K., recent changes in legislation that came into effect last weekend grant employees the option to prioritize flexibility from their very first day of employment.
In England, Scotland, and Wales, employees now have the freedom to request flexible working arrangements right from the beginning of their tenure, rather than waiting for the previous requirement of 26 weeks.
Flexible work encompasses a broad spectrum of arrangements, spanning part-time, remote, or compressed work schedules, and may vary from one employee to another.
While the new regulations don’t represent a significant departure from previous practices, they serve to normalize discussions surrounding flexible work and simplify the process for employees to initiate these conversations early on. These measures were initially endorsed last year with the aim of fostering a “happier workforce,” as highlighted by Kevin Hollinrake, the business and trade minister, who noted the potential benefits for Britain’s productivity.
Despite the increasing demand for workplace flexibility, it’s important to acknowledge that it comes with its own set of challenges.
Why do people in the U.K. care about working flexibly?
The onset of the pandemic necessitated a shift to remote work, but transitioning back has proven challenging despite return-to-office directives. Now, individuals are advocating to preserve a degree of flexibility.
In the U.K., this push for flexibility has led to increased turnover, with approximately 2 million individuals resigning from their jobs annually due to a perceived lack of flexibility, according to a report by the Chartered Institute of Personnel and Development (CIPD). More than 50% of job seekers are specifically seeking flexibility-related benefits.
Amy Cunningham, the founder of employment law firm Cunningham Legal, emphasized that employees value flexibility not only for its productivity advantages but for a range of other reasons as well.
“Where managed effectively, the advantages for employers are considerable. These include heightened productivity/performance, reduced absenteeism and stress, improved employee morale, higher retention rates, and, in some cases, cost savings,” she explained.
Given the widespread demand for flexibility among employees, the potential benefits of the new regulation are significant, as roughly 2.2 million individuals now have the opportunity to request arrangements that suit their needs best. This could ultimately lead to increased workplace productivity, a pressing need for the U.K.
Conversely, limited flexible work options can disproportionately affect certain segments of the workforce, including women, older employees, and individuals with disabilities. However, the new regulation could prove advantageous by enabling individuals to work in a manner that aligns with their preferences without compromising productivity or output.
“There is compelling evidence that flexible work practices can aid in the recruitment and retention of staff, particularly those with caregiving responsibilities, older employees, and individuals with health conditions,” stated Ben Willmott, head of public policy at CIPD.
Despite the benefits, employers are worried
Experts interviewed by Fortune suggest that while the new regulation regarding flexible working could be implemented without necessarily benefiting employers, it will certainly impact them.
“Flexible working requests undoubtedly create administrative challenges for employers,” explained Alex Bearman, a partner at Russell-Cooke, an employment law firm based in London. He highlighted potential logistical issues if multiple team members opt to adjust their work hours. In more extreme scenarios, employers could face discrimination complaints for refusing requests from new mothers or individuals with long-term health conditions to work remotely.
Research has indicated downsides to remote work, such as proximity bias and challenges with team integration during onboarding, which employers are mindful of, according to Andrea London, a partner at Winckworth Sherwood.
The new measures provide employees with a tool to request flexibility, but employers still retain control over workplace decisions. While they must respond to requests within two months (a reduction from the previous three-month timeframe), they have the right to refuse requests for various reasons, including potential negative impacts on work quality or performance. Employers are also required to engage in discussions with employees before rejecting a request.
Maintaining balance is crucial, as flexibility offers undeniable benefits. Hence, every employee now has the right to request it, potentially benefiting the broader British workforce.
“While it’s unlikely that a standalone right to flexible work will be introduced soon, the government views increased flexibility in work arrangements as beneficial for the economy,” Bearman observed.
Cunningham believes that while the new regulation may not represent a significant leap toward meeting employees’ needs, it is a step in the right direction.
“The hope is that such arrangements will become more commonplace, and employees will feel comfortable asking about flexible work opportunities early in their employment,” she stated.