Changes to Flexible Working Requests

The government has confirmed that they are supporting the Employment Relations (Flexible Working) Bill. What changes will this bill introduce?

Firstly, the right to request flexible working will become a day-one right for all employees. This does not mean that you must grant employees flexible working from day one of their employment, rather that they must be allowed to request flexible working. You are still able to decline their request for flexible working if you can show that you have a valid reason to do so.

Due to this bill, employers will have to consult with employees before rejecting a request. This means that you will have to conduct a meeting with the employee to clearly and fully explain the reasons for declining their request.

Previously, employees have only been able to make one flexible working request annually- with this bill, they will be able to make two per year. Also, where employers have had three months to respond to a flexible working request, you will have to respond to any flexible working requests within two months.

Formerly, when making a flexible working request, employees had to put forward what they think the impact of the flexible working arrangement would be and how they believe the employer could manage it. This bill removes the need for the employee to do this, making dealing with the impact of the request entirely the employer’s responsibility.

Although these rules have not been put into place yet, since the Government has confirmed that they are supporting this bill, it is a good idea to begin planning how you intend to handle flexible working requests in the future, and also review your flexible working policy.