The Government has published a response to the consultation on updating the UK's flexible working laws, which took place last year. Although there is no date set for their implementation, these changes include that:
- Employees will have the right to request flexible working from the first day in their job, known as a day one right. Currently an employee needs 26 weeks’ service before they can make a request
- Employees will be able to make two flexible working requests in any 12-month period. The current regulations are for just one request in this timeframe
- Employers will need to respond to requests within two months, in contrast to the current three-month timeframe
- Employers will be required to consult with employees regarding alternatives or different options around flexible working, ensuring that an employer explores a request fully and cannot simply reject it
- The current requirement for employees to set out the impact that their flexible working request will have on the employer, and expressly stating that it is a request made under the flexible working legislation, will be removed.
Whilst there is as yet not timeline for these changes, employers need to be aware of them, consider the implications and prepare accordingly.
For example, if a candidate successfully interviews for a role with particular working arrangements, they will be entitled to make an application for flexible working from day one of employment, so it is very important that working arrangements are made appropriate and justifiable before any particular role is advertised.
When the requirement to expressly state that the application is being made under the flexible working legislation is removed, employers will need to be cautious not to miss a request for flexible working, where one is made indirectly.
For more information or queries, please contact Stone King’s Head of HR Craig Vincent.
