Government issues new rules to make flexible working the default

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A major change has been made to employment law this week in a bid to give workers more control over their working hours and environment.

From next year, workers will be able to request flexible working from Day One of their employment, instead of the usual 26 weeks under the Flexible Working (Amendment) Regulations 2023.

This means that workers can request flexible working from their first day at a new job, which could include staggered hours, flexitime, part-time working, compressed hours, job sharing or hybrid working. The new right will come into effect for flexible working requests made on or after 6 April 2024.

Flexible working

Under the new rules, if an employer cannot accommodate a request to work flexibly, they will be required to discuss alternative options before they can reject the request. For example, if it is not possible to change an employee’s working hours on all days, they could consider making the change for certain days instead.

Employees will be allowed to make two flexible working requests in any 12-month period, and employers will be required to respond to requests within 2 months, instead of 3 at present.

The government has said the raft of new measures will give employees greater access to flexibility over where, when, and how they work, leading to happier, more productive staff.

Minister for Small Business, Kevin Hollinrake, said:

“Giving staff more say over their working pattern makes for happier employees and more productive businesses. Put simply, it’s a no-brainer.

“Greater flexibility over where, when, and how people work is an integral part of our plan to make the UK the best place in the world to work.”

The government indicated their intention to make this change in 2022, but it was omitted from the other changes to the statutory flexible working regime, included in the Employment Relations (Flexible Working) Act 2023 which has not yet gone into effect.

However, alongside the Day One Right, it is expected that, the Employment Relations (Flexible Working) Act 2023, which sets out more rights for workers about conditions of employment, times and location will also go into effect around the same time next year.

Government issues new rules to make flexible working the default from next year

A major change has been made to employment law this week in a bid to give workers more control over their working hours and environment.

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