Creating a Flexible Working Policy (UK)

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

As flexible working becomes increasingly commonplace, employers have begun to take notice and implement their own policies to stay competitive and maintain their best staff. But why is a flexible working policy necessary? The Genie AI team can attest to the fact that the introduction of such a policy can prove advantageous for both employers and employees.

For employers, having a flexible working policy in place can reduce absenteeism, improve employee morale, and even increase productivity since research has shown that employees with access to flexibility are happier workers. The added benefit of being able to attract and retain talent is an advantage you don’t want your business missing out on.

Employees too stand to benefit from having the option of flexible working arrangements - greater control over hours allows them to balance work commitments with personal commitments more easily while also granting them a sense of autonomy in taking charge of their own workloads.

Flexible working isn’t just beneficial for individuals either - it’s also advantageous for the environment. By allowing remote work, businesses are sure to save on energy costs, travel expenses and office space while reducing their carbon footprint at the same time.

Before taking action however, it is essential that safeguards be put in place so as not only ensure compliance but also meet employees’ needs. Employers must pay careful attention during implementation by consulting properly with all affected parties whilst keeping an eye out for potential risks such as data security or IT system issues.

In summary then it appears clear that due consideration must be given before introducing a flexible working policy if desired business outcomes are expected - but there are indeed plenty benefits worth exploring when done right! To help get you started on your path towards creating your own workplace success story through flexible working policies Genie AI provides step-by-step guidance below – no account needed – as well as access today into our free community template library so check us out now!

Definitions

Flexible Working: Working arrangements that allow employees to work outside of the typical 9-5 workday.
Job Sharing: A type of flexible working where two part-time employees divide the full-time responsibilities of one role.
Shift Working: Flexible working where employees work on a rotational basis, usually on a day or night shift.
Working From Home: Flexible working where the employee carries out their work from a location other than the workplace.
Local and National Legislation: Laws and regulations that govern flexible working at both a local and national level.
Employee Rights: The legal right for employees to request flexible working arrangements and for employers to consider those requests in a reasonable manner.
Gathering Information: Collecting data on the current working arrangements, such as hours worked, locations of work, and roles and responsibilities of each employee.
Assessing the Impact: Analyzing the potential costs and benefits of a flexible working policy, as well as assessing the potential impact on employee morale and productivity.
Outlining Eligibility: Defining who is eligible for flexible working arrangements and the criteria that must be met.
Defining Terms and Conditions: Specifying the hours worked, locations of work, and roles and responsibilities of each employee.
Documenting the Policy: Writing the flexible working policy in a clear and concise manner.
Communicating the Policy: Informing employees of their rights to request flexible working, the criteria for eligibility, and the process for making a request.
Making Arrangements: Changing the hours worked, locations of work, and roles and responsibilities of each employee in order to implement the policy.
Responding to Requests: Employers responding to requests for flexible working in a reasonable manner and communicating the reasons for acceptance or rejection.
Ensuring Compliance: Monitoring hours worked, locations of work, and roles and responsibilities of each employee to ensure that the policy is being followed.
Defining Performance Standards: Setting targets for productivity, attendance, and customer service.
Gathering Feedback: Obtaining feedback from employees on their experience of the policy and areas for improvement.
Creating Educational Material: Developing posters, leaflets, and online modules to explain the flexible working policy.
Scheduling Training Sessions: Arranging regular training sessions to ensure that employees are aware of their rights and responsibilities.
Creating an Information Packet: Producing a packet of information to inform employees about the flexible working policy.
Using Intranet and Email: Sending out emails and making use of the intranet to communicate the policy to employees.
Holding an Introductory Meeting: Holding a meeting with all employees to explain the policy, eligibility criteria, terms and conditions, and the process for making a request.

Contents

1. Understanding What Flexible Working Means
2. Definition of Flexible Working
3. Types of Flexible Working
4. Advantages and Disadvantages of Flexible Working
5. Benefits and Drawbacks
6. Legal Framework for Flexible Working
7. Local and National Legislation
8. Employee Rights
9. Preparing for a Flexible Working Policy
10. Gathering Information
11. Assessing the Impact
12. Drafting a Flexible Working Policy
13. Outlining Eligibility
14. Defining Terms and Conditions
15. Documenting the Policy
16. Implementing the Flexible Working Policy
17. Communicating the Policy
18. Making Arrangements
19. Responding to Requests
20. Managing and Monitoring the Flexible Working Policy
21. Ensuring Compliance
22. Defining Performance Standards
23. Reviewing the Flexible Working Policy
24. Gathering Feedback
25. Making Adjustments
26. Training Employees on the Flexible Working Policy
27. Creating Educational Material
28. Scheduling Training Sessions
29. Communicating the Flexible Working Policy to Employees
30. Creating an Information Packet
31. Using Intranet and Email
32. Holding an Introductory Meeting

Get started

Understanding What Flexible Working Means

• Read up on the different types of flexible working options, such as flexible hours, compressed hours, job sharing, remote working, and other types of working arrangements
• Research the legal requirements related to flexible working policies in the UK
• Identify what types of flexible working arrangements your company can offer
• Consider the needs and preferences of your employees when deciding on the types of flexible working options you’ll offer
• When you have a better understanding of the types of flexible working options available and the legal requirements related to them, you can move on to the next step of defining flexible working in your policy.

Definition of Flexible Working

• Read up on the UK government’s definition of flexible working
• Research any relevant case law on the topic
• Identify the types of flexible working arrangements that are permissible under UK law
• Outline the applicable legal requirements and regulations in the company’s flexible working policy
• When you have a clear understanding of what flexible working means and the legalities surrounding it, you can move on to the next step of creating a flexible working policy.

Types of Flexible Working

• Identify the different types of flexible working arrangements that could be beneficial to your business, such as:
• Working from home
• Flexitime
• Compressed hours
• Job sharing
• Part-time working
• Consider the requirements of your business and decide which type of flexible working arrangement is suitable for your organisation
• Set out in writing the terms for each type of flexible working arrangement
• Make sure your flexible working policy is comprehensive and covers all types of flexible working arrangements

How you’ll know when you can check this off your list and move on to the next step:
You’ll know that this step is complete when you have identified all the types of flexible working arrangements suitable for your organisation, set out in writing the terms for each type, and included all of them in your policy.

Advantages and Disadvantages of Flexible Working

• Understand the advantages and disadvantages of flexible working, such as increased productivity, improved work-life balance, and cost savings vs. a decrease in employee engagement and less face-to-face interaction.
• Research flexible working policies implemented in other companies in the UK to get an understanding of the pros and cons.
• When you have a clear understanding of the advantages and disadvantages of flexible working, you can move on to the next step.

Benefits and Drawbacks

• Evaluate the potential benefits and drawbacks of introducing a flexible working policy to your organisation
• Consider the implications for both your employees and the wider business
• Decide whether the benefits outweigh the drawbacks
• Once you have established the potential pros and cons of a flexible working policy, you can move on to the next step: Legal Framework for Flexible Working.

Legal Framework for Flexible Working

• Research local and national legislation to ensure your policy complies with the law
• Make sure you are aware of any relevant employee rights and entitlements
• Ensure your policy covers all applicable areas and is up to date
• Check that you are aware of any applicable collective agreements and trade union rules
• Once you have completed your research and updated your policy accordingly, you can move on to the next step.

Local and National Legislation

• Review local and national legislation to ensure your flexible working policy does not conflict with any laws
• Research relevant laws, such as the Working Time Regulations 1998, the Employment Rights Act 1996, and the Equality Act 2010
• Ensure your flexible working policy does not override any laws, and that the rights of employees are protected
• Check for any regional laws or regulations that may apply
• Once you have reviewed all relevant legislation, you can check this off your list and move on to the next step.

Employee Rights

• Research existing employee rights related to flexible working in the UK
• Understand the rights of employees to request flexible working
• Consider the implications of the right to request flexible working and when it applies
• Establish a process for handling employee requests for flexible working
• Check that you are compliant with UK legislation and meet employee rights
• When you have completed this step, you can move on to the next step - Preparing for a Flexible Working Policy.

Preparing for a Flexible Working Policy

• Clarify the purpose of the policy and ensure it aligns with the organization’s mission and values
• Brainstorm different types of flexible working arrangements and agree which ones are suitable
• Consider any potential risks associated with flexible working and develop strategies to mitigate them
• Establish a baseline of the current working arrangements and practice
• Consult with employee representatives, such as unions or employee councils, if necessary
• Develop a timeline for implementing the policy
• When all of the above is complete, you can move on to the next step of Gathering Information.

Gathering Information

• Research best practices for flexible working policies in the UK
• Speak with existing employees to assess their interest in flexible working arrangements
• Consult with relevant stakeholders, such as human resources, line managers and unions, to discuss the merits of a flexible working policy
• Gather data on the potential impact on the business, such as employee morale, productivity levels and cost savings
• When you have gathered sufficient information, you can move on to the next step - assessing the impact of the flexible working policy.

Assessing the Impact

• Identify the potential impact of flexible working on the business and the wider team
• Consider how it may affect the structure and culture of the organisation
• Analyse the potential implications for the budget, resources and the workforce
• Consider any legal implications of the policy
• Evaluate the potential impact of the policy on the working environment
• Decide which areas are suitable for flexible working and which are not

When you have assessed the impact of the flexible working policy, you can move on to drafting the policy.

Drafting a Flexible Working Policy

• Familiarize yourself with the legal framework of the Flexible Working Regulations, which came into effect in 2014
• Work with Human Resources to create a policy outlining the types of flexible working arrangements available for employees to apply for
• Draft the policy, outlining the procedures for applying for flexible working and the criteria for granting such requests
• Include in the policy how the requests will be assessed, and how the decision will be communicated to the employee
• Once the policy has been finalized, communicate it to the staff and ensure it is made available to all employees
• When the policy is complete, check it off your list and move on to the next step.

Outlining Eligibility

• Identify which employees are eligible to apply for flexible working arrangements.
• Ensure that eligibility criteria is applied fairly and consistently to all employees.
• Consider which roles and departments may be eligible for flexible working arrangements.
• Specify whether the flexible working policy is applicable to part-time, full-time and/or temporary employees.

Once you have identified and specified the eligibility criteria, you can check this off your list and move onto the next step of defining the terms and conditions of the flexible working arrangements.

Defining Terms and Conditions

• Consider the types of flexible working arrangements that can be offered, such as part-time working, job sharing, flexitime, shift working, compressed hours and working from home
• Determine the conditions under which flexible working is available, such as whether it is for a set period of time, or for a specific purpose
• Identify any restrictions that need to be placed on flexible working, such as working hours, or how much notice needs to be given
• Consider how to manage overtime and any additional costs associated with flexible working
• Decide if there is a need for a trial period
• Once the terms and conditions have been determined, these should be documented in the policy

Once you have completed this step, you should have a clear understanding of the types of flexible working arrangements that can be offered, the conditions under which these arrangements can be made, and any restrictions or additional costs associated with them.

Documenting the Policy

• Create an official document to be shared with employees outlining the terms and conditions of flexible working
• Include information about the types of arrangements available, how to apply for flexible working, the decision-making process and any other relevant information
• Make sure the document is compliant with legislation and best practice guidance
• Share the document with employees and ensure they have the opportunity to read and understand it before they make any decisions
• Once the document is created and shared with employees, you can move on to the next step of implementing the flexible working policy.

Implementing the Flexible Working Policy

• Consult with relevant stakeholders to ensure they are happy with the policy
• Create a plan for implementing the policy
• Determine what processes need to be adjusted to accommodate the policy
• Create a timeline for the policy’s implementation
• Make any necessary changes to IT systems or software
• Train any relevant staff on the new policy
• Review the policy with staff and/or managers
• Keep a record of any changes that have been made
• Monitor the policy’s implementation to ensure compliance

Once you have completed the steps above, you can move on to the next step, Communicating the Policy.

Communicating the Policy

• Ensure that your flexible working policy is well publicised to all staff in order to ensure maximum understanding and uptake.
• Consider using both digital and physical methods of communication, such as emails, company intranet, posters, staff meetings and handbooks.
• Make sure that managers are fully briefed and trained on the policy to ensure that the policy is communicated and implemented effectively.
• It is important that staff are aware of the possible consequences of not adhering to the policy.
• You can check this off your list and move on to the next step when all staff have been informed of the policy.

Making Arrangements

• Identify the options available to employees, such as different hours, flexible working patterns and working from different locations
• Establish the criteria that employees must meet to be eligible for flexible working, such as length of service or specific job requirements
• Consider the impact of the changes on other employees, for example, on workloads, communication, and team dynamics
• Explain the process for making a flexible working request, and how decisions will be made
• Ensure the flexibility policy is compliant with employment law
• Make sure to keep records of any requests and decisions
• When you’re finished, you should have a clear idea of how you plan to handle flexible working requests.

Responding to Requests

• Determine the way in which you will respond to requests for flexible working arrangements (e.g. email, letter, verbal)
• Set out a timeframe for responding to requests, such as within 28 days
• Ensure you respond to requests for flexible working in writing, setting out the reasons for your decision
• Keep a record of all flexible working requests and your responses to them
• Make sure to inform employees if their request is successful and provide a written agreement outlining the changes agreed
• If a request is refused, explain the reasons in writing and inform the employee of their right to appeal

You’ll know you can check this off your list and move on to the next step when you have responded to all requests for a flexible working arrangement in writing, and have provided a written agreement outlining the changes agreed.

Managing and Monitoring the Flexible Working Policy

• Establish a review process for the flexible working policy. This should involve managers and employees and could include a written report that outlines the progress of the policy.
• Ensure that managers are trained and aware of their responsibilities in managing and monitoring the flexible working policy.
• Regularly review the policy, making sure to consider any changes in the business, the workforce or the job roles.
• Monitor staff performance in relation to flexible working, making sure any issues or irregularities are addressed.
• Provide regular feedback to employees on their performance and how they are managing their flexible working arrangements.
• You can check this step off your list when you have established the review process, trained managers, regularly reviewed the policy and monitored staff performance in relation to flexible working.

Ensuring Compliance

• Check that the flexible working policy meets the requirements of the Employment Rights Act, 1996
• Make sure the policy does not discriminate against any protected characteristics
• Consult with employees and the relevant trade unions to ensure the policy is up to date
• Put in place a system to ensure the policy is regularly reviewed and updated
• When you are confident that the policy meets all necessary criteria, you can move on to Defining Performance Standards

Defining Performance Standards

• Establish performance standards for flexible working arrangements that are designed to ensure that employees are meeting their commitments to the organization
• Establish a timeline for measuring performance and evaluate performance regularly based on this timeline
• Provide employees with feedback on their performance, including areas for improvement
• Establish a process for addressing any performance issues that arise, including potential disciplinary actions
• Ensure that any performance standards are fair and equitable for all employees

You’ll know that you’ve completed this step when you have performance standards established, timelines for measuring performance, feedback mechanisms in place, and a process for addressing any performance issues.

Reviewing the Flexible Working Policy

• Read through the flexible working policy and determine if it meets the needs of employers and employees
• Make any necessary changes to ensure the policy is legally compliant, up-to-date, and meets the needs of both employers and employees
• Ensure the policy follows the current guidelines set out by the government
• Double-check to make sure all the details of the policy are clearly stated
• Once the changes have been made, review the policy to make sure it is comprehensive and consistent
• Check that any references to laws and regulations are up-to-date and correct
• Once you are satisfied with the policy, you can move on to the next step: Gathering Feedback.

Gathering Feedback

• Gather feedback from stakeholders, including employees and managers, on the flexible working policy
• Consult with HR, legal teams and other departments to get their input
• Ask for any additional suggestions from employees and managers on how to improve the policy
• Encourage open feedback and discussion on the policy
• Once you have gathered feedback from all the relevant stakeholders, you can move on to the next step of making adjustments to the policy.

Making Adjustments

• Make any necessary changes to the flexible working policy in response to the feedback gathered.
• Ensure the changes comply with all applicable laws and regulations.
• Ensure the changes are clear, concise, and easy to understand.
• Share the revised flexible working policy with all relevant stakeholders.
• Once all necessary changes have been made and the policy is ready for implementation, you can move on to the next step.

Training Employees on the Flexible Working Policy

• Schedule a training session for all employees on the flexible working policy and the process for requesting flexible working arrangements
• Ensure the training covers the rights of employees and their obligations to the company
• Provide printed copies of the policy and explain the topics covered in the policy
• Give employees the opportunity to ask questions and discuss any issues related to the policy
• Make sure employees understand the process for requesting a flexible working arrangement and the timeframe involved
• Document the training and any questions asked by employees
• You can check this off your list once the training has been conducted and all employees have been informed of the flexible working policy.

Creating Educational Material

• Create an informational brochure or guide about the flexible working policy
• Develop a presentation to explain the policy to staff
• Create any other materials you think staff might find useful, such as a FAQ document
• Ensure all materials are in an easily accessible and understandable format
• Once materials are created, review them to make sure they are clear and accurate
• Check that the materials are up-to-date with the latest legislation
• You can check this off your list when all materials are created and reviewed.

Scheduling Training Sessions

• Identify the training sessions that need to be scheduled
• Identify the trainers and facilitators
• Identify the scheduling software that will be used
• Draft the training agenda
• Decide the length of the training sessions
• Identify the suitable venue for the sessions
• Book the venue with the relevant facilities
• Schedule the training sessions
• When all the training sessions are scheduled, you can move on to the next step- Communicating the Flexible Working Policy to Employees.

Communicating the Flexible Working Policy to Employees

• Draft a communication plan for how to share the flexible working policy with employees
• Develop an internal website page or intranet page to host the policy
• Decide on a timeline for when to send out emails and other forms of communication to staff
• Set up a series of meetings with employees to discuss the policy and answer any questions they may have
• Establish a process for collecting feedback from employees regarding the policy
• When all employees have been informed of the policy and had their questions answered, mark this step as complete and move on to creating an information packet.

Creating an Information Packet

• Compile an information packet that contains all the necessary information on how to apply for flexible working, and how it will be used when considering applications
• Ensure the information packet includes information on the types of flexible working, legal requirements and regulations, eligibility criteria and an example of a flexible working request form
• Create separate documents for different types of employees (e.g. full-time, part-time, shift workers, etc.)
• Include any relevant policies and procedures
• Publish the information packet on the company intranet and/or website
• You will know that this step is complete when the information packet is published and accessible to all employees.

Using Intranet and Email

• Post the information packet on the company intranet
• Send an email to all employees notifying them of the new flexible working policy and how to access it on the intranet
• Follow up with a reminder email one week later
• Once you have confirmed that all employees have had the opportunity to view the new policy, you can check this step off your list and move on to the next step: Holding an introductory meeting.

Holding an Introductory Meeting

• Invite all team members to a meeting to discuss the new flexible working policy
• Outline the policy and explain the benefits of flexible working
• Answer any questions and make sure everyone understands the policy
• Allow each team member to discuss their own flex working ideas
• Sign off the policy with everyone’s agreement
• Once everyone has agreed to the policy, you can check this step off your list and move on to the next step.

FAQ

Q: What are the differences between UK, USA and EU laws when creating a flexible working policy?

Asked by Grace on 26th June 2022.
A: When creating a flexible working policy, it is important to consider the different laws that apply in different jurisdictions. In the UK, flexible working policies must adhere to the Employment Rights Act 1996, which sets out employees’ rights to request flexible working and outlines the process employers must follow when assessing requests. In the USA, federal law does not require employers to offer flexible working arrangements; however, some states have implemented their own laws that require employers to provide certain protections for employees who do work flexibly. For example, in California, employers must provide reasonable accommodations for employees who wish to work from home. In the EU, there is no single law governing flexible working arrangements; instead, each country has its own set of rules and regulations that must be followed. In general, EU countries have relatively more progressive laws than those in the USA and the UK when it comes to protecting employees’ rights to request flexible working.

Q: What additional factors should I consider when creating a flexible working policy?

Asked by Leah on 10th April 2022.
A: When creating a flexible working policy, there are a number of factors that should be considered in order to ensure that it is effective and fair for all employees. Firstly, it is important to consider the needs of your business; for example, can your business accommodate remote working or will it still require some staff to be physically present in order to function? Secondly, you should consider how you will manage communication between employees who are working remotely and those who are present in the office. You may also need to think about how you will measure productivity when staff are not physically present and how you will ensure that all staff members are able to access any necessary resources or equipment from home. Finally, you should also consider whether there are any data protection or security issues associated with allowing staff to work flexibly and what measures you can put in place to mitigate these risks.

Q: Do I need a written agreement with my employees if I make changes to their flexible working policy?

Asked by Owen on 12th May 2022.
A: Yes, any changes made to an employee’s flexible working arrangements should be recorded in writing and agreed upon by both parties. This written agreement should include any changes made as well as details of any additional benefits or obligations associated with the change. It is also important to ensure that any changes made comply with relevant employment law; for example, in the UK employers must follow the process outlined in the Employment Rights Act 1996 when considering requests for flexible working. Having a written agreement will help ensure that both parties are clear about any changes made and will provide clarity if there are any disputes about an employee’s rights or obligations regarding flexible working arrangements.

Q: Are there any industry-specific regulations I need to be aware of when creating my flexible working policy?

Asked by Noah on 15th August 2022.
A: Yes, it is important to be aware of any industry-specific regulations when creating a flexible working policy as these may affect your ability to provide certain types of flexibility or may impose additional requirements on you as an employer. For example, if you operate in a regulated industry such as finance or healthcare then there may be additional rules and regulations in place that must be adhered to when offering flexible working arrangements. It is also important to consider whether there are any sector-specific best practices or standards which should be followed; for example, if you operate a SaaS business then you may need to take additional steps such as security measures or data protection policies in order for your business model to remain compliant with relevant regulations.

Q: Can I make changes to my flexible working policy without consulting my employees?

Asked by Emma on 2nd January 2022.
A: No, it is important that any changes made to an employee’s flexible working arrangement should be agreed upon between both parties before they come into effect. This is because employees have certain rights regarding their employment status which cannot be changed without their consent; for example, in the UK employers must follow the process outlined in the Employment Rights Act 1996 when considering requests for flexible working and cannot make changes without discussing them with their employees first. It is also important for employers to consult their staff before making changes so that they can understand why certain decisions have been taken and how they might affect them going forward.

Example dispute

Lawsuits Relating to Flexible Working Policies

• A plaintiff might raise a lawsuit which references a flexible working policy if they feel their employer has failed to provide them with the flexibility they were promised. This could involve a failure to provide adequate hours, appropriate pay, or other forms of compensation.
• The lawsuit could also be raised if the flexible working policy is not being enforced properly. For example, if an employer has promised flexible working hours but is not providing the same opportunity to all employees.
• The plaintiff could also cite any relevant legal documents or regulations, such as the Fair Employment and Housing Act, that the employer has violated.
• The plaintiff may also be able to win the lawsuit if they can prove that their employer has caused them losses, such as lost wages or other forms of compensation as a result of the flexible working policy.
• Settlement could be reached through negotiation between the parties or by taking the case to court. If the plaintiff is successful, they may be able to collect damages to cover the losses they have incurred.

Templates available (free to use)

Basic Sme Flexible Working Policy
Detailed Flexible Working Policy
Flexible Working Policy

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