Flexible working practices have come to the fore during the Covid-19 pandemic, but until this week there has still been a very rigid framework for employees to be able to request working flexibly. A consultation entitled making flexible working the default was initiated by the department for business, energy and industrial strategy in 2021 and the results were published recently on 5 December 2022.
The response outlines measures to allow millions of employees to request flexible working arrangements and make flexible working more accessible to employees. It is hoped that the new measures will result in happier, more productive staff.
The 5 new measures for flexible working include:
Making it a day one right, removing the 26-week qualifying period before employees can request flexible working;
Requiring employers to consult employees as a means of exploring the available options, before rejecting the flexible working request;
Increasing the number of requests per 12 month period to two;
Reducing the time period for employers to respond to requests to be within two months, rather than three months;
Removing the requirement for employers to set out how the effects of their flexible working request might be dealt with by their employer.
It’s important to note that there have been no changes made to the 8 reasons why an employer can refuse an employee’s request for flexible working and so an employer is still entitled to refuse the requests that are made within this designed framework. However it is clear from the other changes and the tone generally that both parties are encouraged to engage in constructive and open-minded conversations about flexible working, and find arrangements that work for each side.
When flexible working is mentioned, it’s hard not to just think of the newfound hybrid working era - but there’s so much more to it than that. While the right to request flexible working can involve allowing employees to find the right balance between a work-from-home and office set up, it is obviously circumstantial and can include job-sharing, flexitime, and working compressed, annualised, or staggered hours. Ultimately, flexible working allows employees to balance their work and home life, providing support for employees in a number of different circumstances. Indeed it can also be a means of employers supporting their employees with physical or mental impairments and stave of claims of disability discrimination.
It is clear that the new measures for flexible working are also designed to make the process of requesting flexible working more easily accessible to employees, as well as a simpler process for employers. Kevin Hollinrake, Minister for Small Business, explains how, ‘greater flexibility over where, when, and how people work is an integral part of our plan to make the UK the best place in the world to work.’ Furthermore, in removing some of the invisible restrictions to certain jobs, flexible working creates a more diverse working environment and workforce, which is expected to improve financial returns.
The government paper outlines that several of the measures require primary legislation, although it does not indicate when they will be put in place. However, their support of Yasmin Qureshi MP’s Employment Relations (Flexible Working) Bill suggests that we can expect the changes to happen sooner, rather than later.
If you require any further advice about the upcoming changes to flexible working rights, please get in touch with a member of our Employment team.
