Making flexible working
the default: government response to consultation
Minister for Enterprise, Markets and Small Business (): The Government has
today published its response to the consultation on flexible
working. This delivers on our manifesto commitment to encourage
flexible working, and represents an important part of our drive
to deliver growth by helping people to access and stay in work.
Flexible Working Consultation Response
In 2021, the government consulted on changes to the right to
request flexible working. This right currently supports all
employees with 26 weeks continuous service to make applications
to change their work location, working hours and/or working
pattern. The legislation enables employees and employers to find
arrangements that work for both sides. The consultation proposals
were intended to help ensure it remains fit for purpose.
The response, published today, states that the Government will
legislate to:
-
Make the right to request flexible working a day one
right – this will bring an estimated additional 2.2
million people into scope of the legislation and encourage
early conversations about flexibility in the job design,
recruitment and appointment phases. Supporting employees and
employers to agree flexible working arrangements from day one
will be an important measure in the context of a tight labour
market, as it will assist those who wish to return to work but
can only do so on certain patterns.
-
Introduce a new requirement for employers to consult with
the employee when they intend to reject their flexible working
request – this will enable both parties to explore the
types of flexibility that may be available within the specific
role before reaching a conclusion.
-
Allow two statutory requests in any 12-month period (rather
than the current one request) – this will help to ensure
that individuals do not feel ‘trapped’ in certain work
arrangements they know are not sustainable for them,
particularly in the event that their circumstances change
within 12 months.
-
Require a decision period of two months in respect of a
statutory flexible working request (rather than the current
three) – this acknowledges that long delays in responding
to requests can lead to negative outcomes for both employers
and employees, for example where a response is needed quickly,
and the alternative is the person dropping out of work.
-
Remove the existing requirement that the employee must
explain what effect, if any, the change applied for would have
on the employer and how that effect might be dealt with –
this will create a level playing field among those making
requests as it will mean the legislation no longer favours
those with more experience or better writing skills.
The first of these measures will be delivered through secondary
legislation. The other measures require primary legislation, and
the Government is pleased to support the Employment Relations
(Flexible Working) Bill introduced by .
The response also commits to non-legislative action: developing
guidance to raise awareness and understanding of how to make and
administer temporary requests for flexible working; and launching
a call for evidence to better understand how informal flexible
working operates in practice.
As a package, these steps will encourage better two-way
conversations about flexible working and prompt both the employer
and employee to focus on identifying an arrangement that works
for them both.
The Review of the Flexible Working Regulations 2014 showed that
flexible working can reduce vacancy costs; increase skill
retention; enhance business performance; and reduce staff
absenteeism rates. In the current context of a tight labour
market, flexible working can also play a key role in attracting
people into work. Research conducted by the Behavioural Insights
Team has shown that offering flexible working can attract up to
30% more applicants to job vacancies, and a recent ONS
publication revealed that older workers working flexibly would be
more likely to say they were planning to retire later.
Strengthening the legislative framework will therefore help to
ensure that those who are under-represented in the workforce have
access to more employment opportunities.
The Government recognises there is no ‘one size fits all’
approach to work arrangements since the needs of businesses and
individuals will differ in each circumstance. It is therefore
important that the legislation remains a right to
request, not a right to have, and that employers
continue to be able to refuse requests for specified business
reasons.
The territorial extent of the proposals included in the
Government’s consultation response extends to Great Britain
(employment law is devolved to Northern Ireland).
