Yesterday, it was announced that “millions of employees will be able to request flexible working from day one of their employment, under new government plans to make flexible working the default.”
The Employment Relations (Flexible Working) Bill, introduced as a Private Member’s Bill, will reform employees’ right to request flexible working, making it easier for employees to make an application.
Under this new legislation, employees will no longer have to wait the required 26 weeks before they can request flexible working.
The aim is that the Bill will help to address some of the barriers preventing women, carers, older people and disabled people from accessing and staying in employment.
Minister for Small Business Kevin Hollinrake said that “giving staff more say over their working pattern makes for happier employees and more productive businesses. Put simply, it’s a no-brainer.
“Greater flexibility over where, when, and how people work is an integral part of our plan to make the UK the best place in the world to work.”
What does flexible working mean?
In the announcement, it clearly defines flexible working not only as “a combination of working from home and in the office – it can mean employees making use of job-sharing, flexitime, and working compressed, annualised, or staggered hours.”
The benefits are expected to be far-reaching. Offering flexible working expands the talent pool to a more diverse range of employees. The Government also says that it should create more diverse working environments.
Flexible working: when is it likely to be rubber-stamped?
“The Employment Relations (Flexible Working) Bill, introduced as a Private Member’s Bill, will reform employees’ right to request flexible working, making it easier for employees to make an application. The aim is that the Bill will help to address some of the barriers preventing women, carers, older people and disabled people from accessing and staying in employment,” says Kate Palmer, HR Advice and Consultancy Director at Peninsula.
“The Bill has passed its second reading in Parliament and is currently at the Committee Stage. There is no set date for the Bill to be implemented as it still has a number of stages to go through in the parliamentary process before it becomes law,” adds Kate.
Kate Palmer continues:
What are the main things companies need to know and how should they amend policies? What are the potential legal issues and penalties?
The Bill allows employees to make two flexible working requests a year (currently, only one statutory request can be made every 12 months) and reduces the deadline for an employer’s decision on whether to grant a request from 3 months to 2 months.
At present, employees need 26 weeks’ continuous service before they can make a statutory request for flexible working. However, it is expected that this will become a day one right if the Bill passes into law. There will also be a new requirement for employers to consult with their employees before refusing an application. This means that employers will need to review and update their flexi-working policies to reflect these developments and prepare to make changes to how they respond to requests.
Employees can bring a claim in the Employment Tribunal if the employer fails to comply with flexible working legislation. The maximum compensation that can be awarded is 8 weeks’ pay, subject to a statutory cap. The tribunal can also make an order for the employer to reconsider the request.
Employers should be mindful that employees who are not satisfied with the response they receive to a flexible working request can also bring a discrimination claim in the Employment Tribunal, for example, if they are making a request due to childcare commitments or for religious reasons.
The changes made by the Bill will apply to England, Wales and Scotland but not Northern Ireland where employment law is a devolved matter.
Employers may need to prepare for an increase in flexible working requests, but it is hoped that they will also reap the benefits of having a more diverse, well-supported workforce as a result of more people having the opportunity to request flexible working.
What are the main things employees need to know?
The Bill will make it easier for employees to request flexi-working by, for example, removing the requirement for employees to explain in their applications what effect they think their request will have on the employer. This can be difficult for some employees who do not have the experience or knowledge to present a strong enough case to their employer.
Allowing employees to make two flexible working requests a year gives employees more flexibility if their circumstances change, i.e. if they become seriously ill or their childcare arrangements alter.
Sam Isaacson, Global Director of Consulting, CoachHub, says:
“As our understanding of the hybrid workplace matures, learning activities will follow suit. Small group and 1:1 interventions, such as coaching, will be delivered digitally by default. Large-scale events will also increase the use of technology, including virtual reality and augmented reality, enabling attendees to join remotely. Government’s plan to mandate that companies offer remote working from day one will ensure that this ‘digital by default’ mindset becomes a normal part of the modern workplace.”
Julia Kermode, Founder of IWORK, comments:
“If there has been anything positive to emerge from the pandemic, it’s this. Flexible working isn’t just about enjoying a better work-life balance, though. It’s fundamental to helping parents or those with caring responsibilities, for example, juggle work with other commitments. It’s also the difference between an employee being able to pay their bills every month by saving money on the commute. This is an important step in giving employees the power to request working arrangements that suit them – whether that’s remote working, job sharing or flexitime.”
Amelia Brand is the Editor for HRreview, and host of the HR in Review podcast series. With a Master’s degree in Legal and Political Theory, her particular interests within HR include employment law, DE&I, and wellbeing within the workplace. Prior to working with HRreview, Amelia was Sub-Editor of a magazine, and Editor of the Environmental Justice Project at University College London, writing and overseeing articles into UCL’s weekly newsletter. Her previous academic work has focused on philosophy, politics and law, with a special focus on how artificial intelligence will feature in the future.
- Amelia Brand
- Amelia Brand
- Amelia Brand
- Amelia Brand
