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25 Apr 2023

Employment

What Changes Will Be Happening To Flexible Working Rules?

A Bill to make it easier for employees to request flexible working has passed through the final stages in the House of Lords and will now become law. Dan Wilde from our Employment team, discusses the proposed changes and what they would mean for employees and employers in the UK.

What Is Flexible Working?

Flexible working is a way of working that suits an employee’s needs and may include:

  • Working from home.
  • Job-sharing.
  • Flexitime.
  • Working compressed, annualised, or staggered hours.

Currently, all employees have the legal right to request flexible working if they have worked for the same employer for at least 26 weeks. However, the proposed Employment Relations (Flexible Working) Bill would introduce several changes to the current rules on flexible working.

What Is Going To Change With The New Flexible Working Rules?

The key changes are:

  • Right to request flexible working will become a day one right (removing the current 26 weeks’ service requirement). *Note this is a right to request flexible working, not a right to automatically be entitled to flexible working – that has not changed.
  • Employers will be required to consult with their employees, as means of exploring the available options, before rejecting an employee’s flexible working request.
  • Employees will be able to make two requests in any 12-month period, rather than just one request as is currently the case.
  • Employers will need to respond to the request within a two-month time frame, rather than the current three-month time frame.
  • There will be a removal of the requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer.

How Do The Changes To Flexible Working Benefit Employees?

The benefits of flexible working are that it offers more control over your lifestyle. Many workers have a family, which comes with its own set of responsibilities and dilemmas. Parents may need to take their children to and from school, so a traditional eight-hour day contract might not adhere to these needs. Flexible working makes it possible to meet family needs while still having a good job.

Many flexible working positions let you work from home or at another location. This means you can spend your time and money more effectively by working somewhere that’s easier to get to.

Flexible working has been shown to increase employee productivity and reduce the risk of stress and burnout. Offering more flexibility in how an employee works, gives them the opportunity to fit other commitments and activities around work, which may provide overall job satisfaction.

What Do The Changes To Flexible Working Mean For Employers?

Giving employees greater control over their working lives could lead to happier and more productive staff. Many businesses might see a boost in performance, improved staff retention, and better relationships between staff and management. Employers will need to train managers and supervisors on the requirements arising from these changes when implemented and update their policies and procedures.

When Will These Changes Happen?

The Employment Relations (Flexible Working) Bill has now passed the third reading in the House of Lords and has been put forward for Royal Assent. As both the House of Commons and House of Lords have agreed on the text of the bill, it now waits for the final stage of Royal Assent when the bill will become an Act of Parliament and therefore, law. A date for Royal Assent has yet to be scheduled.

How We Can Help

At Harding Evans, our expert solicitors can provide advice on all aspects of Employment law, including how to manage flexible working within your organisation. Contact Dan today to discuss.

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