Flexible working regulations for care workers

Flexible working regulations for care workers explained

As new flexible working regulations cement changing employee expectations into law, Helen Badger, Employment Partner in UK and Ireland law firm Browne Jacobson’s health and life sciences team, explains the impact on healthcare workplaces.

The way in which we work is changing, not just for people able to divide their time between the office and home, but also those in jobs that require them to be in specific locations. New legislation came into force in April that enshrines increased flexible working rights in law. 

It is crucial that healthcare managers take time to understand what the new laws encompass and where they might apply in their workforce.

Of course, the vast bulk of nurses and carers’ duties will continue to be carried out face to face, but this doesn’t mean there is no space for innovative thinking about a flexible working offer. At a time of significant recruitment and retention challenges, healthcare employers should be alive to the small tweaks they can make to bring great rewards.
 

New flexible work request guidelines explained

From 6 April, two new pieces of legislation were introduced. The Flexible Working (Amendment) Regulations 2023 gives employees the right to request flexible working from day one of a new job, rather than after 26 weeks’ service. 

Under the Employment Relations (Flexible Working) Act 2023, there is no longer the need for employees to explain what effect the requested change would have on the employer and how to mitigate this.Staff can make two flexible working requests in any 12-month period, rather than one, and employers can’t refuse a request without properly consulting the employee. The time in which an employer must deal with a request is reduced from three to two months. The right to request flexible working has existed for many years among nurses and carers, but the key change here is that healthcare managers may have to consider such requests sooner and more frequently. 

Flexible working options

While our minds may immediately wander to home and café desk set-ups at the mention of flexible working, there are so many other options that are open to patient and resident-facing roles. Flexibility can be gleaned from managing working hours and we expect this will continue to be the main area of focus for requests. Compressed working, such as the four-day week or nine-day fortnight, is growing in popularity as it allows people to work their total contracted hours over a shorter number of days without sacrificing pay. Others may wish to adapt working hours so they fit around either the school day or partners’ shift patterns, while the desire for part-time working is common in healthcare.

Employers could also permit employees to work remotely for a certain number of hours to complete administrative tasks.

Other considerations 

In its updated statutory code of practice on handling flexible working requests, the Advisory, Conciliation and Arbitration Service (ACAS) says employers should hold a formal meeting with the employee to discuss the request, unless it is accepted, and any potential alternative modifications. 

Offering a right of appeal, while not a statutory requirement, is also good practice and should be overseen by an independent figure if possible.

The new regulations do not make any changes to the eight business reasons an employer can rely upon to reject a request. 

These include an additional cost burden, inability to reorganise work among existing team members or recruit additional staff, and detrimental impacts on quality, performance, and customers. 

However, the law is just one side of the coin and as working habits evolve, greater flexibility is rising up the list of priorities for employees. 

It’s imperative that alongside updating flexible working policies, employers take a refreshed approach to how they view flexible working and seek to find new ways of accommodating requests rather than obstruct them.