The government has published its response to last year’s consultation on updating flexible working laws. They intend to take forward the following measures, which will require new legislation:
- the right to request flexible working will become a Day One right (it is currently only available to employees with 26 weeks’ continuity). The government emphasises in its response that this remains a right to request, not a right to have flexible working.
- employees will be allowed to make two requests (previously one request) within a 12 month period, and the response time for employers will reduce to two months (previously three months).
- there will be a new duty to discuss alternatives to the request (so that if the employer intends to reject the request, it must discuss whether there are alternative forms of flexible working available). It is not clear whether this will be a statutory requirement giving rise to a cause of action, or just soft guidance.
- the procedure for requesting flexible working will be simplified by removing the requirement for employees to set out how the effects of their flexible working request might impact upon the employer. The consultation response is silent on removing other aspects of the red tape surrounding requests, for example making sure the application is dated and expressly stating that it is request made under the flexible working legislation.
- there will be no change to the list of eight reasons the employer has to refuse a request for flexible working.
The Government has not provided any timescales for the implementation of the above, but has indicated its support of a Private Member’s Bill, known as the Employment Relations (Flexible Working) Bill, introduced by Yasmin Qureshi MP, which passed its Second Reading on 28 October 2022. The Government will continue to support the Bill as it progresses through parliament.
The Government emphasised that no ‘one size fits all’ approach to work arrangements exists and that the legislation must remain a right to request, not an absolute right. The Government believes that early conversations about flexibility in the design, recruitment and appointment phases should be encouraged, and that these changes will both reflect and support that objective.
Many employers are already forward thinking with the idea of flexible working, this new proposed legislation would encourage other employers to take the issue more seriously. There are always lots of things to consider, but flexible working is clearly here to stay.
If you would like any further information, please don’t hesitate to get in touch with the office on 01932 830 664 or email hrservices@wardwilliams.co.uk.