Marvin Onumonu22% of HR decision-makers in the UK said improving access to flexible working would be the biggest challenge in the Government’s Employment Rights Bill, a survey by Ciphr found.
Respondents said making flexible working the “default” where practical would be time-consuming, require more resources and increase costs.
The survey found 21% of HR decision-makers were concerned about new legal protections for workers taking part in industrial action.
Extension of employment tribunal claim time limits was highlighted by 17%.
Other areas seen as difficult included new requirements for equality action plans, guaranteed hours for zero and low hours workers, and statutory sick pay changes, all mentioned by 16% or more.
The new rules will mean employers must properly consider flexible working requests and only refuse on reasonable grounds, explaining their reasons and consulting employees before making decisions.
This was seen as especially tough in sectors like retail (35%), hospitality, leisure and tourism (33%), manufacturing and construction (29%), and transport and logistics (25%).
Ciphr found that larger firms with more than 250 staff were most likely to see new equality action plan requirements as their main challenge, at 22%.
For the biggest companies, with over 1,500 staff, statutory sick pay changes and liability for third-party harassment were most concerning, with 27% and 23% selecting these respectively.
Among smaller employers with 10-49 staff, statutory probation periods and stronger protections for pregnant women and new mothers were the main issues, both at 23%.
Claire Hawes, chief people and operations officer at Ciphr, said: “I’m encouraged but also a little surprised to see that expanding the remit of flexible working still tops the list of challenges for organisations.
“After years of hybrid working, and the proven business benefits of supporting good work/life balance for employees, you might expect employers to feel more confident.
“But the data tells us the difficulty now lies less in writing the policy and more in embedding fair and transparent decision-making, especially in sectors where presence on-site is the norm.”
Hawes added: “There are, of course, many front-line or in-person roles that simply cannot be done remotely, and many employees who do not want to work remotely either.
“At its heart, flexible working is about giving people more autonomy and flexibility over how they work, and should be embraced.
“There’s no doubt that many of these employment reforms are going to prove complex, admin-heavy, and perhaps costly for some employers to implement.”
She said: “The changes that may create the biggest compliance headaches share some common themes – they all demand better processes and better use of people data, which is sometimes easier said than done.
“Whether it’s managing multiple flexible-working requests, meeting new consultation steps, publishing Equality Action Plans, or, potentially, dealing with increased employment tribunal claims, HR will be at the forefront and in the firing line. HR has a vital role to play in the successful implementation of this bill – helping to build clear frameworks, train managers, and ensure auditable records.
“Done well, the changes introduced by the Employment Rights Bill could help employers to broaden talent pools, boost retention and engagement, reduce absenteeism and create more inclusive, trusting workplaces.”
She added: “In the short-term, the administrative lift will be challenging. But it is far outweighed by the long-term business gains.”
