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Government backs right to request flexible working from day one

Employees are to be given the right to request flexible working from the moment they start a job, instead of waiting 26 weeks as previously required, the Government has confirmed.

The move was this week backed by the Department for Business, Energy and Industrial Strategy (BEIS) in a consultation response, following the introduction of the new Employment Relations (Flexible Working) Bill by Labour MP Yasmin Qureshi.

The Government, which will support the Bill in its passage through Parliament, has also committed to:

  • requiring employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request
  • allowing employees to make two flexible working requests in any 12-month period
  • requiring employers to respond to requests within two months, down from three
  • removing the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer.

Under the new legislation, employers can still refuse a flexible working request if at least one of eight prescribed grounds apply. These are:

  • planned structural changes;
  • the burden of additional costs;
  • a detrimental impact on quality, performance or ability to meet customer demands;
  • the inability to recruit additional staff;
  • a detrimental impact on performance;
  • the inability to reorganise work among existing staff;
  • a detrimental effect on ability to meet customer demand;
  • lack of work during the periods the employee proposes to work.

The day one right to request flexible working will be delivered through secondary legislation. The Bill will make the other policies law through primary legislation.

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."

Employment lawyer Nick Jones from Shakespeare Martineau said employers need to start implementing fair and consistent policies and procedures.

They also need to consider each request for flexible working carefully and ensure that any decision is not discriminatory, he added.

Jones said: “Two decades have passed since the UK introduced the right to request flexible working. Over the years, the legislation has changed dramatically and the pandemic forced an increase in demand for more flexibility from employees.

“As a result of the new bill, employers will be required to consult with employees and discuss alternative options before rejecting their flexible working request. Currently, it is not clear whether this will be a statutory requirement or just soft guidance.”

Jones added: “The new plans will require employers to respond to requests within two months, down from three. In addition, the procedure for requesting flexible working will be simplified by removing the requirement for employees to set out how the effects of their request might impact upon the employer.

“While it is not yet known when the legislation will be introduced, it is important employers start putting in place the right policies and procedures to manage flexible working – ensuring consistency when processing and dealing with applications – if they haven’t done so already.”

Lottie Winson
42BR Midpage Employ