With the “quiet quit” phenomenon on the rise and the ability to attract and retain talent a major challenge for employers, it has never been more important for organizations to stand out in how they attract and motivate their employees to be loyal and motivated.
The COVID-19 pandemic has had a significant impact on the company’s workplace with one long-term effect being a seismic change in people’s expectations regarding both flexible and remote working.
Alan Delaney, legal director and certified specialist in employment law at Morton Fraser, explains that companies must also be aware of how these developments can be further encouraged by changes in the legal landscape. The Employment Relationships (Flexible Working) Bill is currently in parliament, which if passed would establish working flexibly (in terms of both hours and location) as the ‘new normal’.
The bill is an important step toward making flexible working a so-called “default mode,” and seeks to give employees more rights to make requests about where and when they want to work. Importantly, the bill is set to be supported by secondary legislation that would make the right to request flexible work a “day one” right, rather than having that right only available after a 26-week qualifying period. It would also allow employees the right to submit two flexible work applications within a 12-month period, instead of the current situation of being able to submit one application within that time range. Employers will also have to consult with individuals if they are considering declining a flexible work application.
It stands to reason that the bill does not seek to mandate flexible working, it merely provides a more sweeping right to require such an arrangement. Employers will still be able to deny an application if one of the eight existing legal grounds of employment applies (eg, inability to organize work among other employees, or negative impact on performance). It will still be the case that greater risks (in terms of legal action) will arise from indirect discrimination claims, where, for example, the application is made on grounds of childcare, or perhaps caring responsibilities.
However, the bill also emphasizes an opportunity for employers to stand out in a crowded market, when it comes to attracting and retaining top talent. Those organizations that are able to creatively adopt and promote a variety of work arrangements may secure a competitive advantage in doing so as well as contribute significantly to the overall happiness and motivation of employees.
Of course, flexible working can’t do much on its own. Listening to employees and implementing procedures designed to keep employees happy and encourage loyalty will be key as part of any comprehensive approach. Some organizations may be able to take advantage of share option or long-term incentive schemes, which are intended to attract and retain talent.
Small but meaningful perks, however, can also get you noticed (from fresh fruit for employees to a day off for your birthday or volunteer leave) along with a supportive, collaborative environment that recognizes hard work and celebrates success, is likely to help create a culture Positive and dynamic that people want to be a part of.
It will also be important for employers to develop clear and well-supported career paths and initiatives for career advancement. By investing in programs (such as mentoring) or training that aid personal development, and ensuring that employees feel able to discuss their career aspirations (and are encouraged to apply), employees are more likely to feel motivated.
So, when it comes to the battle of attracting and retaining talent, while legislation will not provide more than a basic minimum, as with flexible working, it can be a useful starting point for implementing attractive policies that stand out from the crowd. When implemented as part of an overall strategy (including but not limited to benefits, incentives and career advancement) designed to reward contribution and loyalty, it can make a huge difference when it comes to hiring and retention.
