Let's Get Informed: Government Plans for Flexible Working Reforms

A year on after consulting on proposed reforms to the statutory flexible working regime, the government has now published its response. At present the statutory right to request flexible working only applies to employees with 26 weeks or more service with their employer. As well as this the below is a summary of the other rights employees currently have to request flexible working arrangements, and then the proposed changes:

CURRENT POSITION

• Right to request, not a right to have, flexible working in relation to the hours, times or place of work
• The right to request applies only to employees
• 8 statutory grounds for refusal apply:

1. It will incur extra costs that will be a burden on the business;
2. The work cannot be reorganised among other staff;
3. People cannot be recruited to do the work;
4. Flexible working will negatively affect quality;
5. Flexible working will negatively affect performance;
6. The business’ ability to meet customer demand will be negatively affected;
7. There is a lack of work to do during the proposed working times; and
8. The business is planning structural changes.

• No consultation required prior to rejection of request
• Only 1 request in a 12-month period
• The employer must respond to flexible working request within 3 months
• The employee must set out how the effects of their flexible working request might be dealt with by the employer
• Changes to working patterns are permanent, unless otherwise agreed

FUTURE POSITION

• Right to flexible working will be a day 1 employment right
• Employers will be required to consult with their employee, as a means of exploring the available options, before rejecting their flexible working request
• Two requests can be made in a 12-month period
• The employer must respond to flexible working request within 2 months
• No requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer
• Government will issue a call for evidence on temporary arrangements and informal flexibility

It remains to be seen now how quickly these reforms will progress however it appears they are likely to take effect through the Flexible Working Bill, which the government has now confirmed it is formally supporting. The Bill passed its Second Reading on the 28th of October 2022. However, secondary legislation will also be required to introduce the day 1 right.