Making flexible working default

Tuesday 26 October 2021

Following the disruption caused by the pandemic and subsequent lockdown in the UK, the Government has opened a consultation seeking the views of businesses and the public on proposed reforms to the flexible working regime in the UK.

The pandemic demonstrated the benefits of flexible working to both employees and employers alike and now there are calls to make flexible working the default position, as opposed to the traditional ‘9 to 5’ model.

Government research suggests that prior to the pandemic, just 11% of the UK workforce were working from home, compared to 47% by April 2020. This would indicate that not only is there an increased demand for flexibility, but that with greater reliance on technology, employers are increasingly able to accommodate such requests where previously they could (or would) not.

Under the current legislation, employees with 26 weeks service have the right to request (but not the right to be granted) flexible working arrangements. Employers can refuse a request to change contractual terms with reference to 8, broad business reasons set out in the legislation.

The new consultation sets out 5 proposals for reforming the flexible working regime upon which it seeks input. They are as follows:

1. Should the right to request flexible working become a ‘Day 1’ employment right?
2. Are all the eight business reasons for refusing a flexible working request still valid?
3. Should employers be required to demonstrate that they have considered alternatives when rejecting a flexible working request?
4. Should employees be able to make more than one request per year and should the period for employers to respond to requests be changed?
5. How can employees be encouraged to make requests for temporary changes where needed?

Clearly the law needs updating following the unprecedented changes to our working patterns caused by the turmoil of the last 18 months. However, pending the outcome of this consultation and any legislative changes that may flow from it, employers are still bound to follow the existing process for dealing with a flexible working request.

You can view a copy of the consultation document here.

Should you have any questions regarding flexible working arrangements, please email or call our Employment Law team today on 0113 207 0000.