Day one flexible working rights

• On 5 December 2022, Government responded to the “Making Flexible Working The Default” consultation
• This confirms that the Government will be taking forward the right to request flexible working as a day one right (currently 26 weeks continuous service)
• Employees will be allowed to make two statutory requests for flexible working in any 12-month period (currently one)
• The decision period for response from the employer will be 2 months (instead of 3)
• Also, employees will no longer need to explain what effect, if any, the change applied for will have on the employer and how the effect might be dealt with.  Instead the employer will be required to consider the application and must explore all available options before rejecting a request
• Secondary legislation will be delivered to enact the day one right to request flexible working
• Other policies will be made law though primary legislation – the Employment Relations (Flexible Working) Bill

Exclusivity Clauses

• Workers on contracts with a guaranteed income below the Lower Earnings Limit (£123 per week) will be protected from exclusivity clauses being enforced which previously restricted them from working for multiple employers 

See the Government announcement here.

Aspire comment

Flexible working will vary from business to business, however these measures support employees who may want to work more flexibly, which has seemingly become popular since working arrangements were changed during the pandemic. However, flexible working does not simply mean working from home as opposed to in the office. It can also mean employees job-sharing, flexible hours or working staggered hours to manage personal responsibilities or interests.