The Government have today published their response to the consultation on flexible working. This delivers on our manifesto commitment to encourage flexible working, and represents an important part of our drive to deliver growth by helping people to access and stay in work.
Flexible Working Consultation Response
In 2021, the Government consulted on changes to the right to request flexible working. This right currently supports all employees with 26 weeks’ continuous service to make applications to change their work location, working hours and/or working pattern. The legislation enables employees and employers to find arrangements that work for both sides. The consultation proposals were intended to help ensure it remains fit for purpose.
The response, published today, states that the Government will legislate to:
Make the right to request flexible working a day one right. This will bring an estimated additional 2.2 million people into scope of the legislation and encourage early conversations about flexibility in the job design, recruitment and appointment phases. Supporting employees and employers to agree flexible working arrangements from day one will be an important measure in the context of a tight labour market, as it will assist those who wish to return to work but can only do so on certain patterns.
Introduce a new requirement for employers to consult with the employee when they intend to reject their flexible working request. This will enable both parties to explore the types of flexibility that may be available within the specific role before reaching a conclusion.
Allow two statutory requests in any 12-month period, rather than the current one request. This will help to ensure that individuals do not feel “trapped” in certain work arrangements they know are not sustainable for them, particularly in the event that their circumstances change within 12 months.
Require a decision period of two months in respect of a statutory flexible working request, rather than the current three. This acknowledges that long delays in responding to requests can lead to negative outcomes for both employers and employees, for example where a response is needed quickly, and the alternative is the person dropping out of work.
Remove the existing requirement that the employee must explain what effect, if any, the change applied for would have on the employer and how that effect might be dealt with. This will create a level playing field among those making requests as it will mean the legislation no longer favours those with more experience or better writing skills.
The first of these measures will be delivered through secondary legislation. The other measures require primary legislation, and the Government are pleased to support the Employment Relations (Flexible Working) Bill introduced by the hon. Member for Bolton South East (Yasmin Qureshi).