Initially introduced in 2014, the UK government has announced plans to update the way in which employees can request more flexible working options from their employer, including the right to request flexible working from day one of employment.
Continue reading to learn about the government’s response to a consultation regarding flexible working requests, the full planned changes to the right to request flexible working procedures, and the forecasted impact on the UK economy and industries.
Flexible Working
Having being adopted by many organisations since the Covid-19 pandemic, flexible working is being increasingly requested from employers and employees alike.
The term flexible working can take many forms, including working from home, part-time work, job sharing, and flexible hours. Including more flexibility in the hours and location of work has many reported benefits for both employees and employers.
For employees, it can provide greater control over their work-life balance and allow them to better manage their personal and family responsibilities. For employers, it can lead to increased productivity and reduced absenteeism, as well as helping to attract and retain talented staff.
Introducing the Right to Request Flexible Working
As of June 2014, all employees in the United Kingdom were given the right to request flexible working arrangements. Employees who had been with their current employer for 26 weeks or more could ask to change their working hours, location, or the amount of time they work.
The right to request flexible working was introduced as part of the government’s efforts to promote work-life balance and to make it easier for people to manage their responsibilities both at work and at home.
Employers were required to consider all requests for flexible working seriously and to provide a written response within three months of the request being made. If the request was denied, the employer must provide a valid business reason for the decision.
Employees who had been in their current role for 12 months or more were given the right to appeal the decision if they feel it was made unfairly.
There were limitations to the initial processes behind requesting flexible working, only applying to employees and not to self-employed workers or contractors. Additionally, the length of time required in a role prior to being able to request flexible working has been criticised, particularly in the post-covid world.
Overall, the introduction of the right to request flexible working was a positive step towards promoting work-life balance and giving employees greater control over their professional lives whilst allowing employers to assess the benefits of a more flexible working approach.
Right to Request Flexible Working from Day One
Since the mass uptake of remote and flexible working enhanced by the Covid-19 pandemic, calls for changes to the request process have been heard from the government.
Although no date has been set as of December 2022, the UK government has confirmed plans to give employees the right to request flexible working from their first day in a role.
During a consultation in 2021 , the proposed changes received widespread support from the 1,611 responses received from business, charities, trade unions and individuals.
In a response to the consultation prefaced ‘Making flexible working the default’, the government stated it will bring forward a number of measures including:
- A right to request flexible working from day one of employment
- The requirement for a consultation between employee and employer when there is an intention to reject the request.
- An allowance for up to two flexible working requests every 12-month period.
- A reduction in the decision and response period from three months down to two.
- Remove the requirement for employees to explain any effect the change may have on the employer.
Employers will now be required to explore different flexible working options with the employee before being able to reject a request, and must respond within two months from the request being submitted.
The change has been welcomed by Peter Cheese, Chief Executive of the CIPD, the professional body for HR and people development. In response to the new government plans, he said:
“We’re delighted the Government is bringing in a day-one right to request flexible working. We’ve been calling for this change as it will help create fairer, more inclusive workplaces and improve access to flexible jobs for many people. Older workers, those with caring responsibilities and people with health conditions are among those who will particularly benefit.
This new right will help normalise conversations about flexibility at the start of the employment relationship, with significant benefits for employees in terms of wellbeing and work-life balance. Just as importantly, it will also enable organisations to attract and retain a more diverse workforce and help boost their productivity and agility.”
The announcement from the UK government comes following the recent changes to right to work checks in October 2022, and shows the move towards a more flexible and agile work force in the UK.
Responding to a Flexible Working Request
Organisations may see more interest in flexible working from their employees, with requests being submitted earlier and more frequently as a result of the changes.
With new requirements set out by the government, including a shorter response time and consultations required prior to the rejection of a request, it is important for organisations to be quick and considerate with any flexible working requests.
Should your organisation require any assistance or support with managing responses to flexible working requests, consider hiring a retained HR consultant and receive discounted rates on your HR support with aible HR Services.
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