Employee Relations (Flexible Working) Bill – The Bitesized Edition

13th April 2023

Since lockdown in 2020, many employees are enjoying a more balanced way of working, and not just those with child care or caring responsibilities. Flexible working has a positive impact on many employees’ work-life balance.

Legislation that governs flexible working was introduced previously to enable an employee to formally request a variation to their standard hours to allow them more flexibility to work around childcare or other personal commitments.

The current rules surrounding the statutory right to request flexible working are, in summary:

  • The employee making the request must have at least 26 weeks’ continuous service;
  • The employee is required to make the request in writing, and the employer has 3 months to make a decision;
  • The employer must deal with the application in a reasonable manner;
  • The employer can only refuse a request on the grounds of one of eight reasons set out in the legislation; and
  • Only one request can be made in any 12 month period.

Proposed new rules

The Employee Relations (Flexible Working) Bill was proposed in June 2022 and is now currently at the 2nd reading stage in the House of Lords. The 2nd reading is a stage where members of the Lords debate the key principles and main purpose of a Bill and flag up any concerns.

The Bill proposes the following amendments:

  • For the right to make a request to be a day-one right, with no continuous service requirement;
  • The employee can make two requests in any 12 month period;
  • The employer will have 2 months, instead of 3, to make their decision;
  • Employees will not need to explain in their application the reason for the request or the impact it may have on the employer; and
  • Employers will have to consult with the employee before refusing an application.

There are currently no timescales to say when these changes may happen. It will be especially important for employers to keep track on this Bill to ensure they make amendments to any current policies they have in place for flexible working.

Some employers may see the benefit of employees working flexibly and may already have processes in place that allow everyone to make requests and some may not want to wait until the changes are introduced to reap the benefits of being ahead of their competitors. There is a benefit for employers to allow flexibility such as, positive employee engagement, increased productivity and attracting new talent.

Need to know more?

For more information on these changes or assistance with updating your policies or contracts, you can contact our Employment Client Services team here, or by calling the team 0344 2640102.

Strikes (Minimum Services Level) Bill – The Bitesized Edition

The Government is now considering limiting the impact that strikes have on the public via the Strikes (Minimum Services Level) Bill.

April 2023 Learn more
Changes to Immigration Rules – The Bitesized Edition

Today's Bitesized Edition looks at upcoming changes to immigration rules that businesses will need to be aware of when employing workers from abroad.

April 2023 Learn more
Pay increases in 2023 – The Bitesized Edition

Each year statutory rates of pay such as statutory maternity pay and National Minimum Wage (NMW) is monitored and reviewed, and often increases in line with inflation.

April 2023 Learn more

Read more from the DAS Law blog

Employment disputes Sexual Harassment in the Workplace – A Time for Change

Here’s how things are changing for employers in respect of their duties regarding the prevention of sexual harassment in the workplace as of 26 October 2024.

September 2024
Employment disputes Workplace mediation – a better alternative?

At some point an employer will need to deal with workplace conflict. Workplace mediation can help to foster positive working relationships.

July 2024
Employment disputes 10 top TUPE tips for employers – Transferees

TUPE kicks in when there is a transfer of a business from one organisation to another or there is a service provision change from one provider to another.

June 2024
Employment disputes Faulty products face recalls – these are your rights when things go wrong

Gurkaran Singh Gill looks at what you can do if you have bought a faulty product.

May 2024
Employment disputes 10 top TUPE tips for employers – Transferors

Here are our top 10 TUPE tips for the Transferor – this is usually the seller of the business to another or a client seeking to outsource a service.

May 2024
Employment disputes What employers need to know about performance management and grievances

Thomas Eastment, Legal Adviser at DAS, looks at how employers can balance performance management while ensuring fair and legally compliant grievance resolution.

May 2024
Employment disputes Managing absence – an employer’s perspective

Employers must navigate the delicate balance between supporting staff welfare and ensuring operational efficiency.

April 2024
Employment disputes Employee, self-employed or worker? – The Bitesized Edition

Employment status can be complex if an organisation does not define the relationship with an individual clearly and reflective of the actual relationship in practice.

April 2024
Employment disputes Workplace stress: your responsibilities as an employer

Commenting on Stress Awareness Week, Sarah Garner, Solicitor at DAS Law, takes a look at what the law says employers needs to do about stress.

April 2024
Employment disputes International Stress Awareness Month: your workplace rights

To mark International Stress Awareness Month, Sarah Garner takes a look at what the law says your employer needs to do about workplace stress.

April 2024
Employment disputes Don’t get in trouble with the law on April Fool’s Day

When does the line between hilarious and harsh get crossed and can a prank turn into legal proceedings?

March 2024
Employment disputes Top 10 Settlement Agreement tips for employers

The purpose of a Settlement Agreement is to bring an employment relationship to an end by mutual agreement. Here are our top 10 tips for moving people on with settlement agreements.

March 2024
Employment disputes Do employees get extra pay on a leap year day?

Every four years, many workers find themselves cramming an extra day of work into an already packed year. But are workers in the UK entitled to extra pay for this extra work?

February 2024