Flexible Working

Extend The Existing Regime to Become The Default RightTo Flexible Working

Labour plans to extend the existing right to request flexible working so it becomes the default position from day one for all workers. Employers will only be able to refuse a request where it is not reasonably feasible to implement the pattern of working. Labour says it would mean that workers could benefit from flexi-time and term-time options, suggesting a focus on helping parents.

Proposed Changes

Under the current regime employees have the ‘right to request flexible working‘ from day one of employment. Labour intends to extend this right by making flexible working the default position from day one for all workers, except where it is not reasonably feasible.

The change would mean that employers will be expected to accommodate flexible working requests, and the existing discretion to refuse a request could be tightened so an employer can only refuse where it is not reasonably feasible to implement the requested change. This suggests it will be more difficult to refuse a request for flexible working.

Timescales

These changes may be implemented relatively quickly because primary legislation is already in place. As we saw with the Covid pandemic, secondary legislation can be implemented relatively quickly.

Top Tips

Full details of the proposals are not yet available, but this could be another significant change from the current position. Existing flexible working policies will need to be reviewed.

Look at what flexible working requests have been received in recent years and pick out all those that were refused, withdrawn or alternative arrangements were agreed. This will give you an indication of any requests that could be resubmitted when the legislation changes.

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