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Flexible working | Acas survey reveals homeworking continues to rise ahead of April changes

Written by Gerard O’Hare on 22 February 2024

When the pandemic hit, homeworking was seen as a temporary solution. Four years on, it appears this way of working is here to stay.

In fact, according to a recent Acas survey, employers have seen a net increase in staff working from home over the past year.

Participants were asked: “To what extent has the proportion of employees working from home in your business increased or decreased in the last 12 months (since January 2023)?”

10% of respondents said homeworking had significantly increased, with a further 20% reporting a slight increase. Just over half (54%) reported no change in the last year, while 9% said homeworking had decreased slightly, and 4% significantly. Overall, therefore, homeworking appears to be on the up.

Why are employers embracing homeworking in 2024?

Employers are increasingly embracing homeworking for a multitude of reasons that extend beyond the initial response to the pandemic. One prominent factor is the recognition of its positive impact on employee wellbeing. As companies prioritise the mental health and work-life balance of their staff, offering the flexibility of remote work has proven to reduce stress and enhance job satisfaction, which has in turn contributed to heightened employee morale and productivity in many cases.

Moreover, with approximately 10% of businesses in the UK experiencing staffing shortages, organisations are finding that offering remote work options enhances their competitiveness in attracting and retaining skilled professionals. As well as being a sought-after perk, working from home fosters diversity and inclusivity by catering to various needs.

Efficiency gains and cost-effectiveness also play a crucial role in the widespread acceptance of homeworking, with employers recognising that remote work can lead to reduced overhead expenses associated with maintaining physical office spaces. In fact, Acas’ survey found that in 20% of cases, a reduction in physical workspace was the driver for implementing homeworking over the past year. What’s more, a decentralised workforce further expands the talent pool, enabling access to specialised skills not easily found in a local setting.

Strategic business continuity planning is another driving factor behind the embracement of homeworking. The experience gained during the pandemic highlighted the resilience and adaptability of remote work arrangements. Employers are now acknowledging the importance of having flexible work structures in place to navigate unforeseen challenges, ensuring continued operations and productivity under various circumstances.

In essence, employers are increasingly integrating homeworking into their operational models because it aligns with the evolving needs and expectations of the workforce, fosters a positive work culture, and contributes to the overall resilience and efficiency of the organisation.

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Upcoming change: The Flexible Working Act

Homeworking is a form of flexible working. Under current legislation, employees can make a flexible working request after 26 weeks’ service with their employer. However, from April, the law will change as the Employee Relations (Flexible Working) Act 2023 comes into force, allowing employees to request flexibility from day one. Employees will also be able to make two requests within a 12-month period rather than one.

Practically speaking, this doesn’t change much, as the eight statutory reasons to reject a request remain the same. However, with homeworking already on the rise, employers may well see an influx of flexible working requests once the new rules come into force, so it’s important to be prepared.

Acas Code of Practice

Acas says it “encourages employers to take a positive approach to flexible working” and, following a public consultation last year, has recently published a new draft Code of Practice to help employers and employees understand the upcoming changes to flexible working legislation.

The updated Code is currently awaiting parliamentary approval, but the key points for employers are as follows:

  • Businesses should have a flexible working policy which explains how employees can request a different way of working, how requests will be assessed, and how decisions will be made.
  • Despite not being a statutory right, employers are encouraged to allow employees to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union during meetings to discuss flexible working requests.
  • Decisions should be fair and transparent. Where a request is rejected, the reasons for doing so should be made clear to the employee to establish understanding and trust that the request has been handled reasonably.
  • While there is no statutory right of appeal against a decision about a request for flexible working, where a request has been rejected, allowing an employee to appeal is good practice. The employee should outline the reasons for their appeal in writing and, upon receipt, a meeting should be arranged without unreasonable delay.

While this is only guidance and not law, it’s advisable that employers follow Acas’ recommendations to ensure best practice, preserve their reputation, and reduce legal risks. Indeed, Tribunals often take Acas guidance into account when assessing cases, so this could be key to demonstrating fairness in the event of a legal dispute.

As the Flexible Working Act awaits implementation, employers should proactively review their policies and consider adopting Acas’ guidelines now. This not only readies them for challenges but also underscores a commitment to employee wellbeing and fair employment practices, as well as a willingness to adapt to evolving work dynamics. In the context of the rising trend of homeworking, this proactive approach becomes a strategic move towards a more resilient and future-ready organisation.

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