Encouraging flexible working and consulting on making flexible working the default was part of the government’s 2019 manifesto. Now, after much anticipation, the government has launched its consultation.
Currently, the statutory right to request flexible working is open to employees who have been employed by their employer for at least 26 weeks. The Employment Rights Act 1996 sets out how a request should be made, the process an employer should follow and the eight business reasons for refusing a flexible working request.
The main themes on which the consultation is looking for views are:
- whether the right to request flexible working should be a “day one right” (i.e., available to employees from their first day of employment)
- whether the eight business reasons for the refusal of a flexible working request remain valid
- whether an employer should be required to suggest alternatives to the requested arrangements
- whether the statutory right to request flexible working should be limited to one request every 12 months, and
- requesting a temporary flexible working arrangement.
The consultation is open until 1 December 2021.
As a result of COVID-19, many people have had to work flexibly including working from home during lockdowns and working different hours as they juggle home schooling. There has also been increased discussion about different ways of working, including flexible working. In light of this backdrop, it is likely that many more employees will want and expect flexible working options. Therefore, this consultation is timely and the results are keenly anticipated.
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Flexible working requests can be tricky to deal with, particularly where you are looking to balance a number of requests. If you are an employer having issues with flexible working requests or are an employee making a flexible working request and would like support or guidance, please do get in touch with our Employment team.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
