Navigating the

flexible working era

We’ve already discussed the allure of a well-designed office space to draw employees back, it’s crucial to embrace the evolving landscape of work. Given a choice most people don’t want to go back to working full-time in their offices – they want true flexibility. In that sense flexible working isn’t just a perk, it’s a game-changer.

Accelerated by social distancing during the pandemic, companies discovered that remote working could work for their teams. It offered a chance for digital innovation, preserved business continuity, and gave them access to a larger talent pool. At the same time, employees got a taste for the range of benefits it offered: improved work/life balance, flexibility around other commitments, and financial savings from not having to travel into work every day.

Fast forward a few years, and employees continue to champion flexible working, with a recent survey by People Management revealing that 77% of employees prioritise flexible working over a pay rise when considering a new role. This has left businesses with a new challenge: striking a balance between spending time at the office– critical for culture, collaboration and training – and the public appetite for greater control over when and where employees work.

If flexible working isn’t already embedded into your business model, employees can ask for a working arrangement that suits them under the statutory flexible working procedure which has recently changed.

What are the challenges for businesses?

Employees no longer need to have worked for their employer for a minimum of 26 weeks before being able to apply for flexible working under the statutory scheme. As of 6 April 2024, the right to request flexible working has become a day one right and:

Employees can make two requests in a rolling 12 month period, rather than being limited to one request over the same period
They don’t have to explain how their employer can accommodate their request and
Employers have less time to respond to the request and now have to complete the process (including hearing any appeal) within two months.

With more requests now possible and a shorter time to respond, it’s going to be important for line managers to know how to handle these types of requests.

What are the challenges?

Flexible working holds many benefits for your organisation – not least, greater happiness, engagement, and loyalty from your employees. But there’s also some considerations to consider if you’re looking to adopt a flexible working policy:

Managing productivity – the impact of flexible working on productivity remains unclear, and it can be challenging to ensure consistency without direct oversight. In a survey led by Resume Builder , 72% of the companies claimed to have noticed increased revenue when a return-to-office policy has been set. However, for some employees, increased travel time and delays decrease productivity. There’s also a risk of deterring potential applicants by mandating a certain amount of days onsite.
Communication barriers – There is a chance that miscommunications or breakdowns will occur when communicating online. When working remotely, a productive system of meetings and touchpoints is essential to keeping relationships intact.
Technology requirements and data security – providing your company with the technology to work flexibly can be costly. There’s also a range of data security risks that are opened up by allowing employees to work beyond the office. Robust cyber security measures are a must – but these too can come at an extra expense.
Legality – there may be legal implications related to employment law, tax regulations and health and safety standards attached to flexible working. Your business must ensure it remains compliant, or risk financial or legal penalties.
Maintaining company culture – a sense of community may be harder to achieve when colleagues are working in different locations. Some may feel isolated or disconnected when working remotely. Creativity and dedication is required to ensure a shared sense of purpose among your teams.
Setting clear boundaries – with their home now also doubling as their workplace, many employees may struggle to switch off, running the risk of burnout. Some may also stop taking sick days when they’re unwell, as they feel compelled to work when not in an environment where they could infect others.

What actions should your business take?

Update your policy – at the very least, you’ll need to adjust your policy to reflect the new flexible working legislation byRemoving the service requirement, increasing the number of requests that an employee can make over a twelve month period(if you’re imposing a limit) and reducing timescales for processing requests. Make sure the policy sets out the steps an employee needs to take to make an application, how you will consider it and what types of arrangements might be available (e.g. remote work, flexible hours, part-time).

Assess feasibility – are there any roles in your company that are not suitable for all types of flexible working? If so, make this clear in your policy as it will save time when processing requests and set the expectation for new colleagues early on.

Invest in technology – ensure business continuity by having the necessary equipment ready for colleagues to work flexibly. This could include laptops, secure VPNs and communication software. It’s also worth seeking advice to ensure your cyber security processes are fit for flexible and remote working.

Train managers – this is still new territory for many companies, and your managers may need guidance on how to be an effective remote leader. Train them on remote management, communication strategies, and performance evaluation.

Legal compliance – take advice to ensure your policy is compliant with the necessary laws and regulations. Check with HR and legal experts to make sure your arrangements are equitable and legally sound.

Empower your employees – focus on empowering trust and setting clear performance goals rather than micromanaging staff who work flexibly. Offer support and resources to help your employees adapt to these new arrangements, such as mental health support and training or development opportunities.

Expert opinion

Flexible working means different things to different people. For many, it includes being able to work from home some of the time, and outside of traditional working hours. It’s essential that any flexible working arrangements are well-managed. Employers should engage in open dialogues from the start, setting clear boundaries and mutual expectations with their employees. After establishing these parameters, it’s about trusting your team to efficiently handle their time and tasks. The true measure of success in flexible working lies in the results your staff produce and their overall performance, rather than the hours they spend logged in.

Jenny Arrowsmith

Partner