Flexible working requests are not just on the rise they are the norm following the adjustments we all put in place during the Covid pandemic. To follow that the new Employment Rights bill has said that day-one request rights and a new consultation process expected to be fully in force by 2027 for flexible working.
We support our client regularly with flexible working requests and they can often be accompanied with other elements to consider like returning from maternity leave, or a change in an employees health. This is an example from one of our clients.
Background
Client: A 40‑person SME in professional services
Issue: A senior administrator requested flexible working to care for her elderly mother, who had recently moved in with her. She asked to work compressed hours (four longer days instead of five) and occasional home‑working to manage medical appointments.
Challenge
- Employee need: Balancing full‑time work with caring responsibilities.
- Legislation: Under the Flexible Working Act (April 2024), employees can request flexible working from day one, and carers have a legal right to five days’ unpaid carer’s leave.
- Risk: Refusing without a fair process could expose the SME to tribunal claims for failing to act reasonably.
Our Approach
Step 1: Policy Alignment
- Updated contracts and policies to reflect day‑one flexible working rights.
- Included reference to carer’s leave entitlement OR ensure policies are up to date.
Step 2: Consultation & Documentation
- Held a structured meeting with the employee to explore options.
- Considered business impact using statutory grounds (e.g., cost, performance, ability to reorganise work, operational demands, etc).
- Documented the discussion and agreed a trial period of compressed hours plus one home‑working day per week – with reasonable notice from either party this day could move to support medical appointments for example.
Step 3: Supportive Measures
- Built in access to five days’ unpaid carer’s leave for emergencies.
- Provided guidance to managers on handling caring responsibilities sensitively.
Outcome
- The employee was able to continue in her role while caring for her mother.
- The SME avoided potential turnover and tribunal risk by following the ACAS Code of Practice.
- The trial showed minimal disruption, and the arrangement was made permanent.
Key takeaways
- Day one rights regarding flexible working have been in place since April 2024
- Make sure your policies and practices ensure access to statutory leave – it would be great if you could enhance these to support your employees and their work-life balance.
- Make sure to document your process and decisions regarding requests and use your trial periods properly.
- These requests can be difficult for SMEs with limited numbers of colleagues to help support embedding requests, be creative about how you could support a request – compressed hours, tweak to responsibilities, working from home, etc.
In summary: Linking flexible working requests to caring for elderly dependents highlights how SMEs must adapt under current law. By combining day‑one flexible working rights with the new carer’s leave entitlement, employers can support staff compassionately while staying compliant. KeystoneHR can help you guide you through these considerations and help retain and keep engaged your talented employees.
