Flexible Working to Become a “Day 1” Right
The Employment Relations (Flexible Working) Bill 2022-23 was published in October 2022 and has now gained government backing. The Bill would amend the Employment Rights Act 1996 to change the current right for employees to request flexible working. The following is likely to be implemented:
- Request for flexible working will be a “day one” right
- Employer to consult with the employee when they intend to reject the flexible working request
- 2 requests for flexible working permitted in any 12-month period
- Decision period of 2 months from the date of the request
- Remove the exiting requirement for an employee to explain what effect they think it will have on the business
Staff making a flexible working request will still need to be legally classed as an “Employee”. It is not an obligation for an employer to agree to all flexible working requests, but it is imperative that employers carefully consider all flexible working requests and not only assess their practices and business needs but also consider if the employee making the request may have a protected characteristic and whether they are likely to suffer a disadvantage.
