Millions of Britons to be able to request flexible working on day one of employment

James Williams

Millions of employees will receive day one right to request flexible working, giving employees greater access to flexibility over where, when, and how they work, leading to happier, more productive staff. Flexible working has been found to help employees balance their work and home life, especially supporting those who have commitments or responsibilities such as caring for children or vulnerable people.

Alongside the clear benefits to employees, there is also a strong business case for flexible working. By removing some of the invisible restrictions to jobs, flexible working creates a more diverse working environment and workforce, which studies have shown leads to improved financial returns.

Minister for Small Business Kevin Hollinrake said:
Giving staff more say over their working pattern makes for happier employees and more productive businesses. Put simply, it’s a no-brainer.

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.

If an employer cannot accommodate a request to work flexibly, they will be required to discuss alternative options before they can reject the request. For example, if it is not possible to change an employee’s working hours on all days, they could consider making the change for certain days instead.

The new legislation, backed in the government’s response to the ‘Making flexible working the default’ consultation, will also remove the requirement for employees to set out the effects of their flexible working requests to employers, removing a large administrative burden for both sides.

The ‘Making flexible working the default’ consultation recognised that flexible working is different for every employee, employer, and sector – it does not come in one size only. For an office worker, they may benefit from a job-share so they can better care for their children, or a factory worker may request different shift patterns that suit their balance between home and work. Because of this, the government will not instruct employers or employees on how to carry out their work, instead we encourage both parties have constructive and open-minded conversations about flexible working and find arrangements that work for each side.

The measures the government is committing to in full will:

  • remove the 26-week qualifying period before employees can request flexible working, making it a day-one right
  • require employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request
  • allow employees to make 2 flexible working requests in any 12-month period
  • require employers to respond to requests within 2 months, down from 3
  • remove the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer

Millions of Britons to be able to request flexible working on day one of employment – GOV.UK (www.gov.uk)

James Williams – Solicitor

James Williams

I am a qualified Employment Law and HR Solicitor. I specialise in acting for schools and advise on all aspects of employment law and HR including attending employee meetings, advising senior leaders, conducting redundancy consultations, drafting contracts of employment, advising on policies and procedures and negotiating settlement agreements.