Member Article

On 23 September 2021, the government published a consultation paper on ‘making flexible working the default’. The response to this consultation has now been published (on 5 December 2022).

Overall, the responses to the consultation were broadly in favour of the proposed change. The government has confirmed that it will take forward a number of those proposals with an intention that the system will be based on employers and employees having constructive, open-minded conversations to find arrangements that work for everyone involved - though only time will tell how that will really pan out.

The changes that are due to be made are:

• making the right to request flexible working a day one right (rather than requiring a minimum of 26 weeks’ continuous service);
• requiring the employer to consult with the employee to explore available options before rejecting the request (supporting an approach consistent with the Acas Code of Practice on handling flexible working requests);
• employees will be allowed to make two flexible working requests in a 12-month period (being twice as many as currently permitted);
• employers will need to respond within two months (rather than the current three);
• employees are no longer required to set out how the employer might deal with the effects of a request, reducing the burden on them when making an application; and
• guidance will be developed around how to make and administer temporary requests for flexible working and will call for evidence on how informal flexibility works.

The government will not be making changes to the existing eight business reasons for rejecting a flexible working request.

The government has already committed to supporting a Private Member’s Bill which is currently going through Parliament. The ‘Employment Relations (Flexible Working) Bill’ will be relied upon to implement the changes that need to be made through primary legislation.

Secondary legislation will be introduced to Parliament, when possible, in order to change the right to make a flexible working request effective from the first day of employment.

Whilst we now know these changes are coming, there is no clear timeline as to when they might come in. As the Private Member’s Bill is already going through Parliament, it might come sooner rather than later so watch this space.

 

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