Flexibility in Focus
Flexible working arrangements are recognised as a vital component of modern work culture, offering employees greater work-life balance, and enabling business to adapt to diverse needs.
Post-COVID years have also seen a wave of recruitment and resignations. Employees who now have the benefit of working from home, relocated to different parts of the country. With our unique position in the Northwest, we work with businesses and employees who straddle multiple jurisdictions. As there are some important differences in how flexible working requests are handled in Northern Ireland, Great Britain and the Republic of Ireland, understanding these distinctions is essential for both employers and employees.
1. Great Britain - Flexible working by default?
From 6 April 2024, employees have the right to request flexible working from “day one” of their employment. They can now make two requests in a 12-month period (previously one request) and the employer’s decision period has reduced from three to two months. The Labour government has promised that it will strengthen the right to flexible working to ensure it is generally the default from day one, except where it is not reasonably feasible. The Labour government has also said it will bring in the “right to disconnect”. Details of how this will work remain unclear but see how Ireland has managed this below.
2. Northern Ireland – business as usual, for now…
In Northern Ireland the right to request flexible working remains covered by the statutory procedure and retains the eight reasons for refusing a request, including cost burdens, negative impacts on performance, or insufficient work during the proposed working hours
In Northern Ireland, anyone can ask their employer for flexible working arrangements, but the law provides some employees with the statutory right to request a flexible working pattern. They include if you are an employee returning from a period of parental leave, have worked for your employer for 26 weeks continuously before applying, and have not made another application to work flexibly under the right during the past 12 months.
There has been some discussion over whether the NI Assembly will choose to replicate the GB model, and this was certainly up for consultation on the Good Jobs" Employment Rights Bill proposal. We await that outcome over the next few months.
3. Ireland – setting boundaries?
In the Republic of Ireland, the laws regarding flexible working are primarily governed by the Employment (Flexible Working) Act 2023. All employees (regardless of their parental or caring responsibilities) have a right to make a request for a flexible working arrangement. Such a request can also be made from day one, but employees must have six months’ service before the arrangement can commence. Flexible working can include changes in work hours, working from home, or other arrangements to better suit an employee’s needs.
Employees must make request in writing to their employer, specifying the change they want to work and why. Employers are obligated to consider requests seriously, and in good faith, and respond within 3 months. They must have valid reasons to refuse, such as operational requirements, safety concerns, or if the request would negatively impact business performance. Employers cannot reject a flexible working request based on discriminatory reasons (e.g., gender, age, disability).
In Ireland, the Right to Disconnect refers to the right of employees to disengage from work outside of their normal working hours, ensuring they are not expected to answer emails, phone calls, or messages outside of their agreed working time. This right is part of a broader effort to maintain a healthy work-life balance and protect employees from burnout, particularly in the context of remote and hybrid working.
What can businesses do now?
Flexible working is here to stay, and that the governments of all three jurisdictions appear focused on establishing frameworks and legislation to make this a legal protection for the future. This is all part of a broader movement to maintain well-being and mental health in the modern working environment.
To get ahead of the trend on disconnecting, Employers should set out clear policies on working hours, expectations around overtime, and the use of communication tools outside of work hours. Establish a clear and reasonable working hours framework that avoids out-of-hours work, unless necessary, and ensure that managers lead by example and respect employees’ right to disconnect.
Employers should also review and ensure that their Flexible Working Policy and procedures are fit for purpose and in line with the legal requirements.
For a review of your policies and procedures, or for a discussion on any flexible working arrangements for your business, please contact our Employment Solicitor, Marie-Claire Logue.