Under new government plans, employees will have the right to request flexible working from day one of their employment, giving them more say over when, where and how they work.
What is Flexible Working?
Flexible working can take the form of working from home but can also include job-sharing, using flexitime, working compressed, annualised, staggered hours and term-term or part-time working. The government believes that as well as benefits to employees, flexible working can be good for businesses too, creating a more diverse working environment and workforce.
The Current Position
Currently, millions of people across the UK work flexibly. Under the Employment Rights Act 1996 (ERA), employees with at least 26 weeks of continuous service have been able to make a written request to work flexibly since 2014. The request can be made for any reason and can be made to alter the hours, location and times of work. Employers have the right to refuse a request so long as their decision is based on one of the eight business reasons set out in the ERA.
The Proposed Changes
Following a consultation on flexible working, the government proposes to make the right to request flexible working a day one right (rather than waiting for six months). This aims to make the right to work flexibly the norm rather than a right to be earned.
Other proposed changes are:
- a new duty on employers to consult with their employees to discuss the available options before turning down their flexible working request
- permitting employees to put in two flexible working requests in any 12 months and obliging employers to respond to requests within two months. At the moment, only one request can be made in twelve months and employers have three months to respond
- removing the requirement for employees to set out how the effects of their request might be dealt with by the employer.
There is currently no specific timetable for the proposed reforms to become law, but the government has indicated that they are keen to progress the proposals sooner rather than later. For more information about the proposed changes to the flexible working regime, speak to one of our expert employment solicitors or email us.
