New Flexible Working Rules

What is flexible working?

Flexible working is a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home.

Employers are under an obligation to consider flexible working requests made by employees in a reasonable manner, and can only refuse if they can show that one or more of the 8 listed grounds for refusal is applicable.

There are various types of flexible working arrangements in the UK including part time working, job sharing, flexitime, remote working, hybrid working, zero hours and shift swapping.

What is the current situation?

In 2003 the Government introduced the right to request flexible working. This applied to parents and other carers. The right was then extended to entitle all employees, with a qualifying period of 26 weeks service, the right to request flexible working.

What are the proposals?

In view of the cost of living crisis, the proposed changes intend to enable people to maintain more than one job, by having the benefit of working flexibly.

A key element to the proposals will be to remove exclusivity clauses in an employee’s contract of employment, for those who are paid £123 or less a week. It will enable people to work for multiple employers and take on second jobs.

The new plans include allowing employees to make two flexible working requests in any 12-month period - currently they are allowed one.

It will also require employers to respond to requests within two months, instead of three months. In addition, the government will remove the requirement on the employee to make suggestions as to how their flexible working request is dealt with by their employer.

In summary, the proposals include:

• Make the right to request flexible working from day one.
• A review of the 8 business reasons an employer can rely on for refusing a flexible working request.
• Employers to suggest alternatives if it is not able to agree a flexible working request.
• A review of the administrative processes underpinning the right to request flexible working.
• Allow employees to request a temporary arrangement. 

What if an employer cannot agree to the employee’s request?

Employers will need to consider alternative options to accommodate their employees' requests. During the pandemic, employers were faced with a tough task of maintaining business momentum, retention of staff and avoiding any permanent changes and costly solutions such as redundancies and lay-offs. The new proposals could mean that employers face a greater challenge in accommodating employees' requests on a permanent basis.

The BBC reports that around 37% of working adults worked from home in 2020 during the height of the pandemic. As a symptom of this, lots of companies introduced roles specifically aimed at remote workers. Not all employers are able to offer this option though, and some believe that it can make staff unproductive. Elon Musk, has also told staff at Twitter and electric carmaker Tesla that working remotely is no longer acceptable.

Modern day working

The BBC further reported that women were seeking new, more flexible working patterns, with some leaving their employer or workforce entirely. There is however still a stigma attached to requesting flexible working, and that some women chose to leave their employer or the workforce instead, fearing that it would impact their career progression.

The Government recognises that people may need extra flexibility at particular times in their working lives on a temporary basis. Although the current law permits temporary arrangements being agreed, the Government considers that the ability to request a contractual change for a defined period of time is currently under-utilised. 

Frances O'Grady, general secretary of the TUC stated that "Ministers must change the law so that every job advert makes clear what kind of flexible working is available in that role. And they should give workers the legal right to work flexibly from their first day in a job - not just the right to ask," she said. Older workers, those with caring responsibilities and people with health conditions are among those who will particularly benefit from these proposals.

Want some advice on best employment practice?

http://www.whlegal.co.uk/contact-us