Millions of workers will have a right to request flexible working from their employer from day one under a new law coming into force next year.
The change means that employees can request flexible working options, including working from home, from the start of their job. The law will come into effect from April 2024 and is a right that applies from the very first day of employment.
Under the current law, staff only have the right to ask if they can work flexibly when they have worked for their employer for 26 weeks or more.
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The Flexible Working Bill will require employers to consider and discuss any requests made by their employee – who will have the right to two requests a year – within two months of a request, down from three.
Flexible working can relate to working hours or patterns including part-time, term-time, flexi-time, compressed hours, or adjusting start and finish times. It can also include flexibility over where employees work, such as from home or a satellite office to shorten their commute.
Once the new law comes into effect, workers will benefit from the following protections:
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New requirements for employers to consult with the employee before rejecting their flexible working request
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Permission to make two statutory requests in any 12-month period (rather than the current one request)
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Reduced waiting times for decisions to be made from three months to two months
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The removal of existing requirements that the employee must explain what effect, if any, the change applied for would have on the employer and how that effect might be dealt with
Alongside these measures, workers will be given the right to request flexible working from day one of a new job bringing an estimated 2.2 million more employees in scope of the entitlement following the regulations change.
But new research by the conciliation service Acas suggests that more than two thirds of workers are unaware they will have the right to ask for flexible working options from day one of their job from April.
Acas said it will produce a new statutory code of practice next year for employers and workers on handling requests for flexible working.
Acas chief executive Susan Clews said: “There has been a substantial shift in flexible working globally, which has allowed more people to better balance their working lives and employers have also benefited from being an attractive place to work.
“It is important for bosses and staff to be prepared for new changes to the law around the right to request flexible working, which will be coming into force next year.
“Acas has just consulted on a new draft code of practice, which strengthens good practice on flexible working and addresses important upcoming changes to the law. The final new code will be published next year.”
Research has shown companies that embrace flexible working can attract more talent, improve staff motivation and reduce staff turnover, helping to boost their business’s productivity and competitiveness.
CIPD research shows that 6% of employees changed jobs last year specifically due to a lack of flexible options, while 12% left their profession altogether citing a lack of flexibility as the reason. This represents almost two and four million workers respectively.
Business and Trade Minister Kevin Hollinrake added: “A happier workforce means increased productivity, and that’s why we’re backing measures to give people across the UK even more flexibility over where and when they work.
“Not only does flexible working help individuals fit work alongside other commitments – whether it’s the school drop off, studying or caring for vulnerable friends and family – it’s good business sense too, helping firms to attract more talent, increase retention and improve workforce diversity.”
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