To flex or not to flex

F or many years, flexible working requests were predominantly associated with new mothers wishing to return to work, as the statutory regime required the application to be made for the purpose of enabling an employee to care for a child or adult.

However, flexible start and finish times or working remotely are now becoming increasingly popular as a way to improve the work/life balance. 

Flexible working requests can be made either formally, in compliance with the Flexible Working Regulations 2014, or informally.

A formal request has to be dealt with in compliance with the regulations. Informal requests give the employer both more freedom to deal with the request and greater freedom of response.

The new regulations introduced in 2014 enable any applicant fulfilling the statutory criteria to apply to work flexibly. The qualifying criteria are:

• an employee; 
• with 26 weeks’ continuous service; and 
• with no application during the previous 12 months.

Requests to work flexibly can be to change the hours or times the employee is required to work, and the place where the work is to be done. A request must be in writing, specify the change requested and the date from when it should begin, and explain how the change will affect the employer and how it can be dealt with. 

Juggling resources vs retaining staff

From a manager’s perspective, allowing employees to work flexibly may mean they have to juggle resources and customer needs. Very often the main issue in any discussion is a closed mindset, which refuses to take into account the benefits.

This can lead to a fracturing of once good employee relations and potential discrimination claims based on, for example, age, sex or disability.

The reality may well be that flexibility may help retain a skilled and talented workforce able to deploy their excellent skills despite changes in lifestyle.

The real problem is persuading managers who may have little experience of flexible working that it can be a real and tangible benefit. Recent studies show that there is still a long way to go. 

However, this way of working has many advocates. The increased digitisation of the workplace, with the ability to work anywhere, has led to a revolution in attitudes, particularly among the more digitally able, who expect to have the option of remote working. 

Many potential employees regard businesses offering remote or flexible working very positively, as it suggests a greater maturity towards the concept of the old ‘master/servant’ relationship.

Barry Stanton is a partner at Boyes Turne