23.09.2021

Flexible working a day one entitlement

The government has announced plans to give British workers more choice over when and where they work and to make the right to request flexible working a day one entitlement.

Under the plans – delivering on a commitment set out in the government’s 2019 manifesto – around 2.2 million more people will be given the right to request flexible working.

The proposals consider whether “limiting an employee’s application for flexible working to one per year continues to represent the best balance between individual and business needs”. The consultation also looks at cutting the current three-month period an employer has to consider any request.

According to the government “if an employer cannot accommodate a request, as can be the case, they would need to think about what alternatives they could offer – for example, if they couldn’t change their employee’s hours on all working days, they could consider making the change for certain days instead”.

The consultation looks at a range of flexible working methods such as job-sharing, flexitime, compressed, annualised and staggered hours, as well as phased retirement – not just working from home. It allows employees to balance their work and home life, including helping people who are managing childcare commitments or other caring responsibilities as well as ensuring that people who are under-represented in Britain’s workforce, such as new parents or disabled people, have access to more opportunities.

The proposals are also “good for British business” says the government. Adding that research has shown “companies that embrace flexible working can attract more talent, improve staff motivation and reduce staff turnover – boosting their business’s productivity and competitiveness”.

However, the government also recognises that there are some circumstances where businesses will not be able to offer flexible working and states that they “should still be able to reject a request if they have sound business reasons and will also respect freedom of contract rather than prescribing specific arrangements in legislation”.

Business Secretary Kwasi Kwarteng said: "Empowering workers to have more say over where and when they work makes for more productive businesses and happier employees.

“It was once considered a ‘nice to have’, but by making requests a day one right, we’re making flexible working part of the DNA of businesses across the country.

“A more engaged and productive workforce, a higher calibre of applicants and better retention rates – the business case for flexible working is compelling.”

Peter Cheese, Chief Executive of the CIPD, the professional body for HR and people development said: “The government’s consultation on giving employees the right to request flexible working from day one of employment is a welcome move to help create more inclusive workplaces.

“Learning from the pandemic, many organisations are now open to more hybrid ways of working which give their employees greater say over where and how they work. But the reality for those whose roles can only be done at their place of work - such as restaurants, warehouses or hospitals - is that they often have very little flexibility.

“We believe a day one right to request flexible working will help broaden the accessibility of all types of flexible working, including flexibility in hours as well as location. In turn this will boost inclusion, wellbeing and performance which is beneficial to both employers and employees alike.”

Andrew Mawson, Founder of global consultancy Advanced Workplace Associates (AWA) said: “The overwhelming desire by British office workers for a more flexible model of working is irrefutable. If the government hadn’t acted on this now it would have had to at some point soon. Not only is it becoming a political issue, but it also plays to the government’s levelling up strategy by allowing many jobs to be located away from London which will be key if the Conservatives are going to retain the loyalty of its new found voting public. The old model of 9-5 in the office every day worked for a relatively small percentage of the population and excluded many from the labour force. As we return from pandemic working, there is an opportunity for organisations to take a clean sheet of paper and re-invent the way their people work.”

Today’s proposals provide a framework to encourage conversations and balance the needs of employees and employers.

To view the open consultation “Making flexible working the default’ click here.

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