Changes to Flexible Working Regime
Flexible working has been a hot topic since the pandemic. With the changes to the statutory regime being widely reported, we are already seeing an increase in flexible working requests, and push back from staff and unions on decisions to reject requests.
Reform of the Statutory Framework
In July 2023 the Employment Relations (Flexible Working) Bill received Royal Assent. It is expected to come into force in summer 2024.
When it comes into force, it will allow employees to make two flexible work requests in any 12 month period. Schools and academy trusts will be under an obligation to respond to a request within two months unless an extension is agreed and will not be able to refuse a request until they have consulted with the employee. Employees will no longer have to explain what they anticipate the impact of their proposed new working arrangement will be on the school or academy trust.
When the Government announced that the Bill was to receive Royal Assent it referred to making the right to request flexible working a 'day 1 right', which will be enacted through secondary legislation to come into force at the same time as the Bill.
For now, and until the Bill comes into force the existing flexible working regime will still apply and employees will still need 26 weeks' service before they can make a flexible work request.
ACAS is also undertaking a consultation on an updated statutory Code of Practice on handling flexible working requests, anticipating the changes to the regime.
Managing flexible working requests in practice
Most schools and academy trusts have become accustomed to dealing with flexible working requests, but the anticipated changes are likely to result in an increased number of requests and added scrutiny around decisions made.
Whilst the changes to the statutory regime referred to above do not apply until summer 2024 schools and academy trusts are having to consider their approach with increased scrutiny in mind as well responding to challenges in recruitment and retention.
In general terms schools and academy trusts should meet with staff promptly after a flexible working request has been made to discuss and get a better understanding of the changes requested, consider the request fairly and look at alternative options if the request is not workable. It is important to notify the member of staff of the decision to explain the decision making process and reasoning including, where applicable, why it might not be possible to agree the request. We always recommend following the ACAS Code of Practice.