Flexible Working Law Change

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by Rebecca Lister | 7th Nov 2024

Flexibility, Employment Law and the new UK Government

The world of work is evolving, and with the introduction of new flexible working laws, both employers and employees must adapt to these permanent changes. This guide explores the latest flexible working regulations and how they benefit both parties, ensuring that flexible roles are embraced in the modern working environment.

Flexible Working has become a topic of great importance, with the rise in hybrid working and the granting of the day one right to request flexible working earlier this year. But what is the flexible working law change and how will affect your business?

As part of “Labours Plan to Make Work Pay: Delivering A New Deal for Working People,” flexibility within the workplace has been pushed to the forefront and the new Employment Rights Bill introduces new legislation governing employers obligations when it comes to handling flexible working and their employees.

Targeting many areas from the banning of “one-sided flexibility” to the granting of the day one default right to flexible working arrangements, organisations will undoubtedly have to make changes to their current remote working practices.

The Changes: Banning of Exploitative Zero Hours Contracts

Amongst the wide reforms introduced by the Government, their commitment to ending “exploitative” zero-hour contracts has been consistent. A zero-hour contract is a type of casual worker contract under which someone is employed without a minimum specified level of guaranteed work or pay.

While in theory these types of contracts were intended to allow for greater flexibility, in reality, they can result in exploitative working practices. The uncertainty and insecurity that underpin these contractual relations have long been under scrutiny.

The new laws will give workers the right to have a contract that reflects the number of hours regularly worked and reasonable notice of any change in shifts or working time, with compensation that is in proportion to the notice given for any shifts cancelled.

These new laws look to end “one-sided flexibility” and seek to provide all workers with a baseline of security and predictability.

What effect will these developments in employment law have?

Research has suggested that those on zero-hour contracts have better work-life balance and wellbeing when compared to other workers.

For workers who value the agency- and the flexibility that zero-hour contracts give them- the changes could leave them feeling alienated. Looking to ban “one-sided flexibility” could result in “one-sided rigidity”, which does not fit the Government’s New Deal plan “to make work pay for working people.”.

Although it will likely take time for the new laws to come into force, it would be wise to prepare for inevitable changes. Reviewing your current workforce to identify the proportion of employees on zero-hour contracts is a good way to work out how these changes will affect you.

Further reviewing current working policies in line with these proposed changes is a good way to get ahead and ensure you and your company are in the best possible shape for the forthcoming legislative developments.

The Changes: Flexible Working From Day 1

Currently, workers have the day one right to request flexible working arrangements. However, these are subject to the employer’s discretion. Under the Government’s new laws, the right to flexible working will become default from day one, except where it is not reasonably feasible.

Additionally, the Government look to strengthen the right to request flexible working and limit employers’ discretion for refusing flexibility. These new developments aim to increase constructive communications between employers and employees and ensure everyone can benefit from bespoke working practices that best reflect their needs. These legislative developments will inevitably require changes by employers to their current working practices.

The Changes: Flexible Working and The Right to Disconnect?

While flexible working has been embraced by many workers, it has become harder for many to maintain a good work-life balance in an age of accessible electronic communications. In response to demands for employers to fully engage with employee wellbeing, the new Government had announced plans to introduce legislation to enshrine the “right to switch off” into law and promote healthier working practices.

While these were not included in the new Employment Rights Bill, the planned ‘right to switch off’ now will instead be part of the government’s ‘Next Steps’ plan in the form of guidance rather than legislation.

Plans had included introduction of legislation giving employees the right to disconnect outside of working hours, not be contacted by employers and suffer no detriment for doing so. This would perhaps take inspiration from more flexible European models, with Ireland and Belgium being used as possible example.

Both countries encompass the right of an employee to not have to perform work outside of their normal working practices, the right to not be penalised for doing so and the duty to respect other workers right to switch off. Interestingly, though, this only applies to those in the public sector in Belgium. While these plans have been removed from the published Bill, it will be interesting to see how this may materialise going forward.

Should these proposals be actualised, they do raise questions over how this work will work in practicality, especially in light of greater workplace flexibility being encouraged? In reality this may be a very difficult balance to achieve. When you have employees on differing flexible work patterns, it is inevitable that employees may need to be contactable outside of their usual working hours.

Flexible working policies are in their very nature flexible, so by coupling this with a rigid stance on disconnecting, employers could find themselves in a challenging position. Keeping open communications with employees will allow for greater understanding as we navigate this developing area of law.

Amidst this uncertainty, organisations should look to review their current working practices in preparation. Examine current policies and the tools you already have in place to support employee’s mental health and encourage better work-life balance opportunities. Reminding staff is a good start to raising awareness of these.

What this means for you?

The Government’s new legislation represents a distinctive shift for employment law in the UK. Greater protections and widening of rights aim to enhance job security and ensure work is working for everyone. While, these changes do bring challenges for businesses, by reviewing your policies and keeping afloat of developments, you can help your organisation keep up-to-date and continue to thrive.

Look to review your current policies is a great way to ensure your organisation stays compliant and both you and your employees are protected. Getting ahead of the game by looking to train management to proactively and effectively deal with any issues, can also be another good way to ensure you are prepared for the upcoming changes.

How Can We Help?

Here at Eclipse HR, we are best positioned to help you navigate this period of transition. Whether helping with policy reviews or providing you with HR support so you understand your position in light of the new changes.

Our expert HR consultants have years of experience in dealing with such matters across a variety of different sectors and keep up to date on any forthcoming employment law changes, including the flexible working law change.

If you do require any support or guidance around these forthcoming changes or to discuss any other employment related matter, feel free to contact us.

In light of the wide-scale reforms the new Government is planning to introduce, we are offering clients a review of their employment contracts and handbook at a discounted rate. Don’t let the changes catch you off guard- find out how we can help, Get in Touch.