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Category: Flexible working

  • Flexible Working: Understanding the New Statutory Framework

    Flexible Working: Understanding the New Statutory Framework

    From April 6, 2024, employees in England and Wales have the statutory right to request flexible working. This includes any deviation from the traditional Monday-to-Friday, 9-to-5 work schedule, a model which is increasingly perceived as outdated and rather rigid in the days since the COVID-19 pandemic.  

    This blog will outline the main changes to the rules around flexible working in England and Wales and how they will affect employers and employees. 

    An overview of the new flexible working regime

    Here are some of the key changes that both employers and employees need to know about. 

    Immediate eligibility: Employees can now initiate flexible working requests from their first day of employment, a departure from the previous requirement of waiting 26 weeks.

    Mandatory consultation: Employers are now obligated to engage in consultation with employees in the event of rejecting a request. This process wasn’t required before.

    New appeal deadline: The entire flexible working process, including any appeals, must now be completed within two months, compared to the previous three-month timeline. Extensions are permissible only with mutual agreement.

    Increased request allowance: Employees are now permitted to make two statutory requests within 12 months, in contrast to the previous allowance of one request within the same timeframe. However, informal requests remain an option beyond this limit.

    Elimination of explanation requirement: Employees are no longer mandated to provide explanations regarding the impact of their request on the employer and its potential resolution, a departure from previous requirements.

    What is the scope of the new statutory flexible working framework?

    The new framework encompasses adjustments to working hours, schedules, or work location. It’s crucial to note that employers can only decline requests based on one of eight specified business-related grounds:

    1. Financial burden: You may reject a flexible working request if it imposes additional costs on your business, such as expenses for recruitment agencies or premium overtime payments for other staff covering the workload.
    2. Work reorganisation: If rearranging work among existing staff, especially those with specialised skills, proves impractical or unsuccessful, this constitutes a valid reason for refusing a flexible working request.
    3. Difficulty in recruitment: Requests that pose challenges in hiring additional staff, especially for minor time adjustments, can be rejected due to impracticality.
    4. Impact on quality: Refusal is justified if accommodating a request would compromise service quality, particularly in customer-facing roles or department heads working reduced hours.
    5. Performance impact: Requests significantly hindering an employee’s ability to perform their role can be rejected.
    6. Customer demand: Requests conflicting with peak business hours, such as in the hospitality sector, can be refused if they impede meeting customer demand.
    7. Insufficient work: If the proposed working schedule exceeds available tasks, such as in restaurant shifts, refusal is warranted.
    8. Structural changes: During periods of reorganisation or redundancy, refusing flexible working requests is reasonable to adapt to planned business changes.

    There are three situations when employers cannot refuse flexible working requests:

    1. Personal preferences: Refusing based on management preferences for full-time or office-based work is not permissible.
    2. Cultural fit: A request cannot be denied solely because it doesn’t align with the company culture.
    3. Protected characteristics: Any refusal related to an employee’s protected characteristics, such as age, disability, or gender, is prohibited, as it could result in discrimination claims.

    ACAS Guidelines

    ACAS has issued an updated Code of Practice and non-mandatory guidance, emphasising consultation, compromise and reasonable consideration of requests. Employers should prioritise exploring possibilities for mutually beneficial flexible working arrangements, engaging in meaningful discussions and providing clear explanations for decisions.

    Some additional considerations

    Handling multiple requests

    When faced with multiple requests, employers are advised to address each request impartially, considering possibilities rather than replicating previous decisions. Prioritisation based on personal circumstances should be avoided, ensuring fairness and compliance with statutory requirements.

    Mitigating discrimination

    Employers must navigate discrimination risks, particularly concerning gender, caregiving responsibilities and disabilities. Indirect discrimination against working mothers, caregivers, or disabled individuals could lead to costly legal repercussions if not appropriately addressed, and could also negatively impact workplace wellbeing. There are plenty of resources available online but if you are in any doubt it’s always best to get specialist legal advice. 

    Dealing with requests – some high-level guidelines

    As mentioned, navigating new regimes can be complex, and there are plenty of contextualities to consider. Here are some high-level guidelines for dealing with flexible working requests. 

    Meet the basic requirements: Ensure prompt and thorough handling of requests, including meetings with employees, consultation and well-documented decision-making processes.

    Explore possibilities: Approach requests from a perspective of what is feasible rather than focusing solely on limitations. Approach with a flexible mindset, and consider compromises and alternatives to accommodate employees’ needs.

    Cost and inefficiency: Understand that accepting flexible working requests may incur additional costs and impact business operations and inefficiencies. Employers should balance business needs with creating family-friendly workplaces that prioritise workplace wellbeing.

    Get your consultation process right: Engage in meaningful, honest discussions with employees, providing opportunities for clarification and addressing concerns to foster positive employee relations.

    Provide documentation and transparency: Maintain clear records of meetings, decisions and explanations for request outcomes. Transparency in the decision-making process builds trust and can mitigate risks and support legal compliance.

    How might these changes affect businesses’ flexible working policies?

    In light of these changes and shifts in workplace culture more generally, businesses are likely to reassess their flexible working policies and a move towards accommodating flexible working policies and practices is probable. In our recruitment processes, we will place particular importance on supporting candidates or new employees, helping to address potential client reservations and identifying solutions that suit all parties. 

    The new statutory regime on flexible working is expected to prompt a surge in formal requests submitted by employees, particularly from organisations aiming to recalibrate their hybrid work policies to favour increased office presence. Now is the time for HR and management teams to acquaint themselves with the updated regulations and be well-equipped to manage requests efficiently.

  • Benefits and Rewards at Bramwith

    Benefits and Rewards at Bramwith

    At Bramwith we know many things attract candidates to particular opportunities with us. Naturally, people need and want to be rewarded financially – we all want to enjoy a good quality of life, after all. We also know that people are keen to work at companies that have good ethics and value and that promote diversity and good employee well-being. 

    We are proud of the positive workplace culture we have cultivated at both our UK and US offices. This article on the benefits and rewards at Bramwith isn’t all about us blowing our own trumpet. We believe in our power to positively influence the business community and, of course, we want to attract more of the top talent to progress their careers with our procurement and supply chain recruitment team. 

    Here are some stories from consultants and associates from our UK team to give you a flavour of the rewards and benefits of working at Bramwith.  

    Mollie, Principal Consultant, talks about incentives

    Mollie tells us that one of the benefits of working at Bramwith is the variety of incentives on offer. “Bramwith have some really motivating team rewards in place. Everyone works really hard to achieve their goals and receive the incentives not only for the reward itself but because they’re great fun.” 

    The incentives are also a great way to get to know colleagues better as Mollie explains; “We’re fortunate to have three chances throughout the year to go on a team trip abroad if we hit our targets. It’s a massive incentive that really brings everyone together.”

    Working in a collaborative environment was sorely missed during the various lockdowns so the team at Bramwith did all they could to keep people connected. “It was tough when we were working remotely so our managers put lots of fun incentives in place. We took part in a virtual escape room, a company-wide game of Family Fortunes and an online session with a personal trainer. This was so helpful for long-term employees and new starters who had no way of meeting their team in person.”  

    Amy, Senior Consultant, discusses the benefits of flexible working

    We know our team lives outside the office and we want people to enjoy them as much as possible. Amy lives two and a half hours away from our London office. If she worked full-time on-site the commute would negatively impact her well-being and her finances. 

    With this in mind, Bramwith made it easy for Amy to work flexibly. “I love visiting the office once a week so I can catch up with everyone and be part of team meetings in person. The rest of the time I am home-based. Although I’m working on my own it never really feels like that because we all keep in close contact so I still feel very much part of the team.”

    This policy applies across all our employees and at the time of writing most employees at Bramwith are hybrid workers and are in the office two to three days a week. We will always strive to offer a good work/life balance for all employees. 

    Gaj, Associate Director on transparency and work/life balance

    “One of the most motivating things about working at Bramwith is that it’s refreshingly  transparent. Everyone knows and fully understands what their own targets are as well as the company goals. There is great support available to help everyone achieve this and clear rewards and promotions opportunities once you hit the target.”

    Gaj tells us that this encourages everyone to work hard as a collective and to respect the Directors. “It’s a really motivating work environment with a good work-life balance and opportunity for flexible working so you can take advantage of the best of both worlds.”

    Dev, Principal Consultant, talks about the little extras that make all the difference

    It’s not always the big ticket benefits that make your experience with a company special, as Dev explains. “Some of the things that I value about working at Bramwith are the little extras that come with the role. The management team organise events like spontaneous lunch clubs which are always good fun.

    “Every time you get promoted you are also given an extra day’s holiday which is highly motivating and a lovely extra gift on top of the opportunity to progress and enhance your earnings.

    “There’s also funding available for each employee for training purposes. This is a really valuable benefit for businesses to offer and one that is not always available in other companies. It shows that Bramwith is wanting to invest in your career and that speaks volumes.”

    If you would like to find out more about the opportunities available at Bramwith contact us today.