Flexible Working – Update

We were first notified of the possible changes to flexible working rights in the UK in around 2019. Since then Government consultations on the topic have been ongoing. The Government has recently published their response to the proposed changes, summarised in this article.

The right to request flexible working will become a day one right. This means that employees will be able to make a flexible working request from day one of their employment, rather than waiting for 26 weeks as the legislation is currently drafted.

Employees will be entitled to make two flexible working requests within a 12-month period, which is an increase from the usual right to make one request in a 12-month period.

Employers will need to respond to an employees request within two months of the request, which is a reduction from the usual 3-month consideration period employers are entitled to under the current legislation.

Employers will be expected to consider alternatives before rejecting the employees flexible working request. Many employers will do this already, but there is currently no requirement for them to do so. It is not clear if the new legislation will go further to place employers under a duty to consider alternatives.

Employees will no longer need to specify how the effect of their flexible working request might be dealt with by the employer. It is not yet clear if any of the other application criteria will also be amended.

The 8 business reasons available to employers when rejecting an employees flexible working request will remain as they are.

Employers should continue to monitor updates on this topic as it has not yet been announced when the changes are due to come into force. It is likely that flexible working policies will need to be updated in light of the upcoming changes, along with any other relevant company procedures.

For any further information regarding flexible working, or if you have a query on another area of employment law, please contact the Employment Law team.

Amy Hallam
Head of Employment
t: 0114 3496989
e: amy.hallam@brmlaw.co.uk

Ellie Leatherday
Senior Employment Solicitor
t: 01246 564002
e: ellie.leatherday@brmlaw.co.uk

Jade Taylor
Trainee Solicitor
t: 01246 560587
e: jade.taylor@brmlaw.co.uk

Sheffield Office: 0114 3497000

Chesterfield Office: 01246 555111

info@brmlaw.co.uk

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