Making flexible working the default… Not quite.
I wrote a blog post earlier this year, following the Queen’s speech in May, which detailed the apparent lack of progress with the long-awaited Employment Bill, and the backlash this prompted from Unions and other employee rights organisations.
One of the key legislative reforms anticipated in the Bill was a strengthening of employee rights in the area of flexible working, which was linked to the ongoing ‘Making Flexible Working the Default’ consultation. That consultation concluded on 1 December, and the government’s response published on 5 December has one clear headline: Employees can make a flexible working request from day one.
But there are a number of other measures being taken forward by the government in respect of this consultation which will affect employers across the country. As well as the day one right to make a formal flexible working request (removing the previous qualifying requirement of 26 weeks service) the government’s decision will:
introduce a new requirement for employers to consult with the employee when they intend to reject their flexible working request;
allow 2 statutory requests in any 12 month period (increased from the current 1);
require a decision to be provided to the employee in 2 months from the request date (rather than the current 3);
remove the existing requirement for the employee to explain what impact their flexible working request (if granted) would have on the employer and how that impact might be mitigated.
Whilst this outcome may fall short of the more radical proposal which formed the basis of the consultation - ‘making flexible working the default’ – it is still a significant step towards employees having greater say in how, when and where they work.
Before this decision, employers were already limited to only 8 legal reasons for rejecting a statutory flexible working request, and the process was relatively demanding for employers. But the employee had to have 26 weeks service before they could make a statutory request.
With this entitlement now in place from day one of employment, employers are going to have to adjust to a more open-minded approach to flexible working and give consideration to all and any roles in the business.
The significant shift in attitudes towards work life balance arising from the pandemic, which seemed to be reverting to past norms in certain sectors of post-pandemic Britain, may have been given fresh impetus with this decision by the government. The march towards a more flexible future continues.
To find out how this change might impact your business, please get in touch - we’d love to hear from you.