[UK] HR takeaways from consultation on flexible working

The consultation on flexible working, launched in September 2021, outlined the UK government’s proposals to amend employees’ statutory right to request flexible working. People Management summarises its findings and the takeaways for HR

The current right to request flexible working is only available to employees with 26 weeks of continuous service. The business reasons available to employers for refusing a request have not been reviewed since the right to request flexible working was first introduced on 6 April 2003, almost 20 years ago. 

The consultation proposals would apply in England, Wales and Scotland. They reportedly included making the right to request flexible working from ‘day one’ a right. The government’s response to the consultation and its next steps are summarised below:

1. The government will make the right to request flexible working apply from the first day of employment. Its response reportedly noted that the 26-week qualifying period had led to a negative perception that flexible working is something that must be ‘earned’ rather than the norm. The response also recognised that there is no ‘one size fits all’ approach to working arrangements and concluded that the legislation should remain a right to request, not a right. The government said making the right to request flexible working a day one right was a proportionate step to take. 
2. The government will reportedly require employers to consult with their employees, as a means of exploring the available options, before rejecting their flexible working request. The government’s consultation sought views on whether employers should be required to show that they have considered alternative arrangements when rejecting a flexible working request. The government’s response concluded that such a requirement would encourage wider consideration by businesses of what might be workable for their employees rather than outright rejection of unworkable requests.
3. The government will reportedly allow employees to make two flexible working requests in any 12-month period and require employers to respond to requests within two months. The government’s consultation sought views on whether to allow a greater number of requests and reduce the period in which employers must respond to a request (currently three months). The response acknowledged concerns about the prospect of repeat requests and the associated burden on HR. The response noted that these changes were supported by most respondents and concluded that they would support the overall policy objective of normalising flexible working.
4. The government will reportedly remove the requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer. During the consultation, employee representative bodies suggested that this requirement could lead to unfair and potentially discriminatory treatment. The response endorsed a more consultative approach, whereby an employer seeks to engage with an employee to jointly understand the potential impact of their flexible working request. 

The government’s response confirmed that the current list of business reasons will remain unchanged. In addition, it confirmed that the government will develop enhanced guidance to raise awareness and understanding of how to make and administer temporary requests for flexible working. Finally, the response stated that the government will issue a call for evidence in respect of informal, non-contractual flexibility within the workplace such as attending appointments or managing fluctuations in health. 

The government’s confirmed changes are already covered by a private member’s bill, the Employment Relations (Flexible Working) Bill 2022-23, which was introduced in the House of Commons on June 15, 2022. The bill reportedly passed its second reading on October 28, 2022, and has now gained government backing, however, it has still to progress through parliament. Based on the normal passage of legislation through parliament, we might expect to see amending legislation introduced during 2023, according to People Management 

Many organisations may already offer more generous flexible working arrangements than the current minimum statutory obligations. But those with generous arrangements may still need to update the details of their policies and practices to accommodate the proposed new requirements. If the bill progresses, People Management says all employers should start preparing to review and update their policies and practices, including implementing appropriate management training on dealing with such requests, to accommodate these expected changes.

Source: People Management

The consultation on flexible working, launched in September 2021, outlined the UK government’s proposals to amend employees’ statutory right to request flexible working. People Management summarises its findings and the takeaways for HR

The current right to request flexible working is only available to employees with 26 weeks of continuous service. The business reasons available to employers for refusing a request have not been reviewed since the right to request flexible working was first introduced on 6 April 2003, almost 20 years ago. 

The consultation proposals would apply in England, Wales and Scotland. They reportedly included making the right to request flexible working from ‘day one’ a right. The government’s response to the consultation and its next steps are summarised below:

1. The government will make the right to request flexible working apply from the first day of employment. Its response reportedly noted that the 26-week qualifying period had led to a negative perception that flexible working is something that must be ‘earned’ rather than the norm. The response also recognised that there is no ‘one size fits all’ approach to working arrangements and concluded that the legislation should remain a right to request, not a right. The government said making the right to request flexible working a day one right was a proportionate step to take. 
2. The government will reportedly require employers to consult with their employees, as a means of exploring the available options, before rejecting their flexible working request. The government’s consultation sought views on whether employers should be required to show that they have considered alternative arrangements when rejecting a flexible working request. The government’s response concluded that such a requirement would encourage wider consideration by businesses of what might be workable for their employees rather than outright rejection of unworkable requests.
3. The government will reportedly allow employees to make two flexible working requests in any 12-month period and require employers to respond to requests within two months. The government’s consultation sought views on whether to allow a greater number of requests and reduce the period in which employers must respond to a request (currently three months). The response acknowledged concerns about the prospect of repeat requests and the associated burden on HR. The response noted that these changes were supported by most respondents and concluded that they would support the overall policy objective of normalising flexible working.
4. The government will reportedly remove the requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer. During the consultation, employee representative bodies suggested that this requirement could lead to unfair and potentially discriminatory treatment. The response endorsed a more consultative approach, whereby an employer seeks to engage with an employee to jointly understand the potential impact of their flexible working request. 

The government’s response confirmed that the current list of business reasons will remain unchanged. In addition, it confirmed that the government will develop enhanced guidance to raise awareness and understanding of how to make and administer temporary requests for flexible working. Finally, the response stated that the government will issue a call for evidence in respect of informal, non-contractual flexibility within the workplace such as attending appointments or managing fluctuations in health. 

The government’s confirmed changes are already covered by a private member’s bill, the Employment Relations (Flexible Working) Bill 2022-23, which was introduced in the House of Commons on June 15, 2022. The bill reportedly passed its second reading on October 28, 2022, and has now gained government backing, however, it has still to progress through parliament. Based on the normal passage of legislation through parliament, we might expect to see amending legislation introduced during 2023, according to People Management 

Many organisations may already offer more generous flexible working arrangements than the current minimum statutory obligations. But those with generous arrangements may still need to update the details of their policies and practices to accommodate the proposed new requirements. If the bill progresses, People Management says all employers should start preparing to review and update their policies and practices, including implementing appropriate management training on dealing with such requests, to accommodate these expected changes.

Source: People Management