5 Dec 2022 – Flexible working requests to be day one right to request
This is absolutely Great News!
On this date, the government confirmed that new legislation would:
- make flexible working requests a day one right for employees (thereby removing the current 26 weeks’ service requirement)
- allow employees to make two requests a year (currently only one request is possible)
- require employees to consult with the employee before rejecting a request
- shorten the time employers have to reply to a request from three to two months
- remove the requirement for employees to set out the likely effects on the business of the change.
The government is backing the Employment Relations (Flexible Working) Bill currently going through Parliament and will produce regulations to remove the service qualification.
There is no enforcement date yet.
The announcement also flags new regulations which came into force on 5 December banning exclusivity in employment contracts (see 5 Dec 2022 – Ban on exclusivity clauses comes into force).
Key takeaways
The UK Government has committed to:
- Removing the 26-week qualifying period before employees can request flexible working, making it a day-one right.
- Requirement of employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request.
- Allowing employees to make two flexible working requests in any 12-month period.
- Requirement of employers to respond to requests within two months, down from three.
- Removing the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer.
Trial flexible hours regardless of sector
Employees whose jobs aren’t ordinarily associated with flexible working might feel aggrieved by those they observe in industries which enjoy a greater degree of flexibility. You can improve the motivation and engagement of these workers by offering greater flexibility of hours. CIPD research has shown that it’s possible to implement flexible working in an effective, creative way even in sectors like healthcare, transportation, education, construction, transport, automation, and manufacturing – sectors seldom viewed as ‘flexible’.
Great Guide
How to manage an increase in flexible working requests | Guides | CIPD
Pledge your support to #FlexFrom1st
We’re calling on organisations and government to make the right to request flexible working a day-one right. Here’s some caption inspiration to get you started – just copy and paste it into your social post to pledge your organisation’s support:
I/We support the new @CIPD #FlexFrom1st campaign to make requesting #FlexibleWorking a day-one right! 46% of employees in Britain don’t work flexibly in their current role. This inequality must end! Join the campaign. http://bit.ly/F13xFr0m1st