“Day one” flexible working: how can employers start to get ready?

If you look at two recent surveys on the upcoming “day one” flexible working rules, you will see a sharp contrast. A Timewise survey, published last week, found that almost half (49%) of UK workers would consider using these rights, as and when they come into force. And yet a Chartered Institute of Personnel and Development (CIPD) survey, published in May, found that exactly the same percentage of employers hadn’t even heard of them.

The government has proposed legislation that will give employees the right to request flexible working from “day one” of a job, instead of the current rules whereby they must be in that job for six months. The government is yet to clarify some aspects of the law, which is currently making its way through parliament, but ministers hope it will take effect next year.

Assess what you already do

“It might be a really good time to evaluate your current systems around the right to request [flexible working],” McCartney says. “Are any changes needed to make them more effective, especially considering that organisations are likely to have an increase in the volume and frequency of requests when the new legislation comes in?”

Under the proposed law, employers will have to respond to flexible working requests within two months instead of the current three months, making good processes even more important. Employers should also assess their recruitment practices – do job adverts explicitly mention being open to flexible working options?

The importance of training

”Make sure that HR and line managers…are fully up to speed with the changes that are coming in,” McCartney says. “It’s about making sure that you’re giving training to [everyone] involved in the right-to-request process, because actually it is changing quite a bit.”

Employers should also consider setting up ways for line managers to share their knowledge and experiences on this topic with each other, so they can support each other. Some large organisations might need to hire more people to manage an increase in flexible working requests, but for most organisations it’s just about training existing staff.

Learn about different types of flex – and try them

“We need to really think about the whole gamut of different forms of flexible working,” McCartney says. While much of the public conversation has focused on working from home, flexible working also includes job-shares, compressed hours, and part-time roles.

McCartney adds that employers can learn a lot about these ways of working by trialling them, as this is often the best way to know what types of flexibility are viable at your organisation. This will also help bosses to suggest alternatives to employees if they have to turn down a request for a specific working pattern – looking into alternatives, rather than simply saying no, is part of the proposed new rules.

Create the right culture

“The cultural piece is really important,” McCartney says. Employers need to create an environment where people don’t fear being treated differently if they request flexible working. There is little point in employees having more legal rights on paper, if they feel like exercising those rights won’t go down well.

Don’t sweat it!

“Organisations might be surprised [that] it’s not as much work as they thought – and it’s going to bring them a [lot] of valued employees, which is just what many organisations are looking for,” McCartney says. Employers should focus on how much they have to gain from flexible working, instead of feeling bogged down by setting themselves up for it. 

At a time when many companies are struggling to find staff, flexible working can help to attract and keep talented people. It has become a deal-breaker for many workers, as recent studies by the CIPD and WM People have shown, especially after the Covid pandemic. 

“It doesn’t really matter when the legislation is coming in – employees can start to make the move themselves,” McCartney says.

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