Changes to flexible working regulations risk “exacerbating fake flexibility”, an industry leader has warned ahead of new rules coming into force on 6 April 2024.
The Flexible Working (Amendment) Regulations 2023 will give workers the right to request flexible working from day one of employment. Employers will be required to respond to these requests under secondary legislation (the Employment Relations Act 2023), which is also coming into effect on 6 April.
However, the new rules do not guarantee that requests for flexible work will be granted.
As a result, thousands of employees who rely on flexible work could be left in “precarious positions” if their requests are turned down, warned Molly Johnson-Jones, flexible working expert and CEO of Flexa.
“The new legislation risks exacerbating ‘fake flexibility’, where companies claim to offer flexible working on job adverts, but are under no obligation to offer it in practice. This makes it nearly impossible for job seekers to determine which employers will genuinely accommodate their requests for flexible work. Job seekers deserve more than legislation that risks further muddying the waters around flexible work entitlements,” she said.
Johnson-Jones said what employees need and deserve is clarity from employers about the level of flexibility they can offer. That could be fully remote working, hybrid work or five days in an office.
“This is the only way for job seekers to identify companies that can accommodate their working preferences. It’s also the best way for employers to find staff who will genuinely thrive in the working environment they offer.”