UK Flexible Work Request Rules Take Effect Soon

Employees in the U.K. will have more leeway to request flexible work arrangements, including remote work, under new legislation taking effect on April 6.

Currently, an employee needs at least 26 weeks’ service with the employer to make a

flexible working request and is permitted only one request in any 12-month period, according to Pauline Hughes, an attorney with Dentons in Glasgow, Scotland.

As part of the request, employees should explain what effect, if any, they think their requested change will have on their employer and how this should be dealt with in practice, Hughes said.

No More Waiting

This legislation will give employees the ability to make a flexible working request from the start of their employment, and they will be entitled to make two requests in any 12-month period, although they cannot make two requests at once.

“Further, employees will no longer have to explain what effect, if any, their requested change will have on their employer or how they believe this effect can be dealt with in practice,” Hughes said.

The new legislation also changes how employers deal with flexible working requests, requiring them to consult with employees before refusing any request. In addition, the period for dealing with any request is being reduced from three months to two months, she said.

Employers can refuse a request to change existing work arrangements if they have a valid business reason, which could include detrimental impact on quality or performance, the inability to reorganize work among other staff, the lack of suitable equipment or technology, the detrimental effect on customer demand or service, or the burden of additional costs involved, said Sally Hulston, an attorney with Lewis Silkin in Manchester, England.

She added that the Advisory, Conciliation and Arbitration Service (Acas) has produced an updated flexible working Code of Practice to encourage collaboration and strengthen procedural good practice.

The Acas code emphasizes that employers should agree to flexible working requests unless there is a good reason to refuse, Hulston said.

Employers May Refuse

“However, in our view, recent case law, albeit limited, seems to support the view that employers can legitimately refuse statutory requests for fully remote working on proper consideration and a clear rationale,” Hulston said.

Hulston sees increasing tension in the U.K. on remote work, with employers now “more confident that the dust has settled after the pandemic” and increasingly concerned about the potential negative impact of too much remote work. They are starting to reassess their office attendance requirements, she noted.

“This can create a tension between what employees want and what senior management would like to see,” Hulston said.

Employers should ensure they explore why an employee is making a formal request for remote work. If, for example, they are doing so for health reasons, the employer’s duty to make reasonable adjustments may come into play. This means that understanding the reason for the request is critical to handling it lawfully, even outside of the confines of the flexible working regime, according to Hulston.

Hughes said it’s important that employers take steps now to update their policies on flexible working so that they are prepared for the legislative changes taking effect in April.

“Decisions to reject flexible working requests should not be made hastily, and employers should consider whether they could offer the employee the opportunity to trial their requested working pattern before making any changes,” Hughes said.

Dinah Wisenberg Brin is a reporter and writer in Philadelphia.