The Flexible Working (Amendment) Regulations 2023 came into force this April- and should come as no surprise given that these changes having been mooted for years.
Current law says workers must pass 26 weeks of employment before requesting to work flexibly with their employer.
The Act puts an onus on the employer to engage in consultation with the request before potentially refusing it. However, they must also respond to a request within two months instead of the current three-month timeframe.
Workers will also no longer have to justify their request by explaining the impact it might have on the employer or how it will be dealt with.
Commenting on what constitutes flexible working, Peter Cheese, Chief Executive at the CIPD said: “Flexible working practices can include options on the hours people work, their working patterns and their location, for example, hybrid working. Employers that use a range of approaches can ensure flexible working provision is fair and available to all types of workers regardless of their job or sector.”.
So how does this translate for the MH sector?
Safety & Health Practitioner online note that “the main changes of note are the granting of ‘day one rights’ – so the ability to make a request from day one of employment, removing the previous 26 weeks of service required to be eligible to make a formal request. The changes will also permit employees to make two requests in a 12-month period, instead of one, and the reduced timeframe for employers to make decisions within 2 months – with an obligation to consult with the employee. Gone too is the requirement for employees to detail how their request would impact the employer.”
In the aftermath of the Covid-19 pandemic, the landscape of work has shifted, leading to a surge in requests for flexible working arrangements among employees. Whether communicated informally or formally, these requests have become more prevalent within workplaces. While this may prompt concerns for employers, it reflects the evolving needs of the workforce in adapting to a changing world. Moreover, legislative frameworks governing formal flexible working requests have expanded, prompting employers to reevaluate their approaches.
Embracing Flexible Work from a Health and Safety Perspective
Examining this trend through a health and safety lens reveals potential benefits for employers. Flexible working arrangements, when appropriately integrated into business operations, can yield positive outcomes. They have the potential to mitigate stress levels, enhance work-life balance, and reduce the likelihood of workplace accidents or injuries stemming from fatigue or excessive workloads.
However, it is imperative for both employers and employees to ensure that health and safety standards are met in the context of flexible working. This entails accommodating diverse schedules for health and safety training and providing necessary resources for remote or home-based work environments. Employees must have access to appropriate equipment and support to maintain compliance with health and safety regulations, regardless of their work setting.