The Government is floating proposals to introduce the right for workers to make ‘day one’ flexible working requests, therefore making it the default, as part of a new consultation. The consultation will also look at bringing in a requirement for employers to find alternative solutions in the event of their refusing such a request.
The proposals laid out in the consultation are designed to restructure the current regulatory framework in such a way that would allow flexible working to become the norm. These are:
- introducing a ‘day one’ right to request flexible working and removing the 26-week qualifying period
- evaluating the validity of the current business reasons permitted when refusing a statutory flexible working request
- requiring employers to suggest alternatives when refusing a request
- reviewing the administrative process around flexible working requests
- examining how the right to request a temporary flexible arrangement could be better utilised.
With employers already implementing new and more flexible approaches to working as the return to the workplace gathers pace, the ‘flexible working taskforce’ will be asked to identify what practices have worked well (and not so well) during the COVID -19 pandemic when assessing this package of proposals.
The Government will request feedback about any additional flexibility that workers would benefit from, including that provided on an informal basis. The consultation also includes a full analysis of the responses received to the July 2019 consultation, ‘Good Work Plan: Proposals to support families’, which looked into promoting increased transparency around flexible working, family-related leave and pay policies. The consultation closes on 1 December 2021.
Meanwhile, the Government has also confirmed plans to introduce a ‘day one’ right to unpaid carers’ leave, following a separate consultation. This will permit five working days of unpaid leave per year for employees managing long-term caring responsibilities alongside work. The leave could be taken flexibly (from half-day blocks to a whole week).
If you have any queries regarding this or any other employment matter, please do not hesitate to contact a member of the team.
