As the post-COVID era of workplace relations continues to barrel on, the UK makes strides in setting the example for the world, as a new law passed just a few weeks ago holds employers accountable for the needs of their workforce by allowing more power to those that require hybrid and remote work to manage their life.

As the fallout of the pandemic continues to affect workplaces around the globe, workers in the UK will now enjoy several legal freedoms to request and enforce flexible work arrangements from day 1 of their employment. If things keep up, this could make intranet profile names the new staff badges.

The Law

Until now, UK citizens needing flexible work conditions have been working under The Flexible Working Regulations 2014, which was made, laid before parliament, and came into force in July 2014. The original regulations stipulated that an employee needed to have a minimum of 26 weeks (around 6 months) of tenure before they were able to make an application for flexible work arrangements.

Now there has been an update. As hybrid and remote work models soar globally, Britain has passed an amendment to the Flexible Working Regulations. The new regulations were made on the 5th of December 2023, were laid before Parliament on the 11th of December 2023, and are expected to come into force on the 6th of April this year. The Flexible Working (Amendment) Regulations 2023, as the amendment is called, omits the necessity for an employee to have 6 months of employment before making the application for flexible work. This allows new employees to apply for flexible work conditions on the first day of their tenure.

Additionally, the changes made to the Employment Rights Act 1996 (of which these flexible work amendments apply to section 80F(8)(a)(i) and (9)) include more significant rights for employees requesting flexible work arrangements. As of April the 6th:

• Employers will have to consult with an employee who requests before they can reject it. 

• The time that employers will have to respond to requests will be limited to 2 months (reduced from 3).

• Employees will have the ability to make 2 requests in a 12-month period instead of 1.

• There will be no requirement on the employee to explain how the flexible work arrangement will affect the employer, or how to mitigate that effect.

These regulations will be protected by law, and employers will have to abide by them to remain legally safe.

Return to Office or Corporate Bullying?

COVID-19 proved that people don’t need to be at the office to work, and while some people prefer the office atmosphere and the sense of getting out of the house to work, a vast majority of people prefer the hybrid and work-from-home models that COVID-19 introduced us to. Despite a massive push in 2023 by employers to get staff returning to the office, it’s clear that workers, by and large, prefer flexible arrangements, as in 2023 83% of the global workforce considered hybrid the ideal, and 59% of workers being more likely to choose employers that offer flexible arrangements
While the top-down power model of in-office jobs is appealing to some employers, research shows that it may be just that, a power model. A paradigm that places employers in positions of authority and intimidation, while employees are struggling to make ends meet in a time of constant inflation.

Evidence for this comes from a 2022 scandal where Elon Musk gave employees a choice: return to the office or resign. The arrangement was described by Musk as “It’s basically if you can, if you can show up at an office and you do not show up at the office, resignation accepted, end of story.” This is not an isolated case. In February 2013, it was reported that tech companies are leveraging mass layoffs to make jobs cheaper and consolidate an authoritarian power dynamic in the workplace.

All happening against a backdrop of economic instability and employee fear. People need their jobs more than ever, and employers know it so they’re getting greedy.

The Truth

Aside from the practical, anecdotal evidence of working during the pandemic, the research on work-from-home and hybrid models is unanimous.

A study from China published on the 26th of April 2023 found that work-from-home and remote models encourage employee innovation. Research published on the 8th of December 2021 found that flexible working is linked to improved productivity, enhanced employee retention, improved employee well-being, increased female leadership, and enhanced future-proofing. A study published on the 19th of March 2020 found that working from home increased job autonomy, collaboration, communication, and decreased stress.

During a time of increased pressure to return to the office, Britain is leading the charge in employers paying attention to the research instead of their confirmation bias. As UK workers can now fight for the right to flexible work models, we can only hope that the rest of the world follows suit.