‘Barriers to flexibility remain’ one year on from flexible working legislation

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Despite legal entitlement to make such a request from day one of employment, almost one in three workers (28%) say their application has been denied due to concerns about productivity.

The findings come from Phoenix Group, one of the UK’s largest long-term savings and retirement businesses. The data shows that although conversations around flexible working are increasing, progress remains inconsistent. While 21 percent of workers successfully applied to work flexibly in the past year, an equal proportion had their requests refused by either current or previous employers.

The primary reason for refusal is a perceived loss of productivity, but the report reveals a mismatch between employer concerns and employee expectations. While 68 percent of workers believe they would be more efficient with control over their hours and location, employers remain hesitant to shift away from traditional models of working.

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In many cases, flexible working is misunderstood or inconsistently applied. Although the legislation aimed to standardise access, there are still challenges in terms of awareness, manager engagement and workplace culture.

Productivity concerns driving refusal of flexible requests

The research identified multiple reasons why requests for flexible working are still being declined. Alongside concerns about productivity, 27 percent of employees say their employer simply does not support the idea of flexibility. In 24 percent of cases “business needs” were behind the refusal, while 21 percent pointed to a lack of resources to implement flexible models.

When asked what flexibility would mean in practice, 62 percent of workers said they wanted flexibility over the hours they work, and 43 percent prioritised flexibility in terms of location. The data suggests that for most, flexibility is about gaining greater control over when and where work happens, rather than reducing hours.

Despite the introduction of the Flexible Working Act, the majority of workers have not changed their working patterns. Only 15 percent reported making any changes since the law came into effect, and 78 percent said they are continuing under existing arrangements.

Among those who did change their working style, the most common shift was moving to full-time work with the option to work remotely (57%). Men were more likely than women to have made this change, with 65 percent of men reporting the adjustment compared to 45 percent of women.

Lack of awareness limits uptake

The research also noted a widespread lack of awareness around the new legislation. More than half of workers (55%) do not know what the Flexible Working Act entitles them to. In addition, 36 percent say their employer or manager has never raised the topic or offered any information.

Sara Thompson, Chief People Officer at Phoenix Group, said that these barriers are “disappointing.”

“The introduction of the Flexible Working Act is an important tool to help workers balance their jobs with other responsibilities and interests outside of work. It’s therefore disappointing that many are facing barriers with some employers worried about how flexibility could impact on a worker’s productivity,” she said.

“As the demand for flexibility grows, it is in employers’ best interests to engage proactively with their workforce and, where possible, to enable their workers to work in a flexible way, alongside managing business needs. Those businesses that fail to embrace flexible working risk losing talent, particularly among parents, carers and older workers who can benefit most from greater flexibility.”

Alessandra Pacelli is a journalist and author contributing to HRreview, where she covers topics including labour market trends, employment costs, and workplace issues.

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