The Government recently announced plans to make flexible working the default for millions of employees, which would include the right for employees to request flexible working on their first day of employment. Flexible working isn’t only limited to staff working from home; it could include job-sharing, flexitime, and/or compressed, annualised or staggered hours. The new Government measures are intended to help employees balance their work and home lives and create a happier, more diverse and productive workforce.
Although these proposed measures won’t take effect until they are passed into law, it’s important to be aware of the proposed changes. Our legal newsflash discusses what the proposed measures are and how they’re intended to work.
Making flexible working the default: What has the Government proposed?
Under the proposed measures to make flexible working the default, employees will have greater rights to ask for flexibility over where, when and how they work. As well as the right to request flexible working from day one of employment, the Government has advised that employers will be required to discuss alternative options with their employee rather than rejecting a flexible working request outright. For example, if you can’t change the working hours for an employee on all days requested, you should consider making the change for certain days instead.
The Government has advised that it won’t explicitly instruct employers or employees on how to carry out their work or impose flexible working practices, but it will encourage employers and employees to work constructively together to find arrangements that work for both parties.
Measures the Government is committing to under the proposed new laws include:
- allowing employees to request flexible working on day one of employment (currently an employee must be working for you for at least 26 weeks before they have the legal right to request flexible working);
- requiring consultation between employers and employees to explore alternative options before rejecting a flexible working request;
- allowing employees to make two flexible working requests in any 12-month period and requiring employers to respond within two months (down from three months); and
- removing the requirement for employees to explain the effects of their flexible working request and how you as their employer might deal with those effects.
What should you do now?
Nothing is changing yet, and the proposed measures may be amended as they pass through Parliament, but you should bear in mind the Government’s promotion of flexible working when you’re dealing with flexible working requests. Employees will likely be aware of the changing work environment and expect you to be open to flexible working requests and make efforts to accommodate them.
This is a timely reminder to ensure you have suitable processes in place for dealing with flexible working requests, including a flexible working policy. Ensuring you deal with flexible working requests fairly and reasonably helps you to maintain good relationships with your employees and encourages a happy and productive workplace. Use our Flexible working toolkit for all the documents you need, along with a how-to guide that leads you through the steps of the decision making process. Our Remote working and cybersecurity toolkit also helps you ensure your staff keep data safe while working remotely.
New law extending limits on exclusivity clauses
Note that from 5 December 2022 a new law has come into force banning the use of exclusivity clauses against low income workers. Previously, only workers with zero-hour contracts had protection against exclusivity clauses (ie they couldn’t be forced to work for only one employer).
Under the new laws, both zero-hour workers and workers who have a guaranteed weekly income on or below the Lower Earnings Limit of £123 a week will be protected from employers enforcing exclusivity clauses against them. This means up to 1.5 million workers will be able to make the most of other job opportunities. If you employ low income workers, make sure you’re aware of the new rules and amend your contracts appropriately.
The content in this article is up to date at the date of publishing. The information provided is intended only for information purposes, and is not for the purpose of providing legal advice. Sparqa Legal’s Terms of Use apply.
Marion joined Sparqa Legal as a Senior Legal Editor in 2018. She previously worked as a corporate/commercial lawyer for five years at one of New Zealand’s leading law firms, Kensington Swan (now Dentons Kensington Swan), and as an in-house legal consultant for a UK tech company. Marion regularly writes for Sparqa’s blog, contributing across its commercial, IP and health and safety law content.