Employment Rights Bill: Making flexible working more accessible

The Employment Rights Bill could bring changes to the way in which employees choose to work by making flexible working more accessible.

Flexible working has been a hot topic in HR and employment circles for several years. Following the rise in homeworking during the pandemic years and the subsequent shift of several industries towards remote or hybrid opportunities, new legislation was introduced in early 2024 making flexible working a day-one right. Now, with the Employment Rights Bill, the government is proposing to make flexible working even more accessible.

Since April 2024, all employees are entitled to put forward a flexible working request from their first day of employment.

Employees can submit not one, but two flexible working requests in any 12-month period.

As was previously the case, employers may refuse a flexible working request only on the basis of one (or more) of the eight legal grounds outlined below:

• the burden of additional costs
• detrimental effect on the ability to meet customer demand
• inability to reorganise work among existing staff
• inability to recruit additional staff
• detrimental impact on quality
• detrimental impact on performance
• insufficiency of work during the periods the employee proposes to work
• planned structural changes.

The conditions for responding to flexible working requests were further strengthened last year, and employers are now obliged to respond to any such request within two months of it being formally raised by the employee. Additionally, where employers are minded refusing a flexible working request, they must consult with the employee first.

What’s Going to Change as a Result of the Bill?

Despite those changes, the government believes that new measures are needed to support access to flexible working, ensuring that employers accept reasonable and feasible requests.

The proposed legislation introduces a new reasonableness requirement, meaning that an employer would only be in a position to refuse a flexible working request if it would be reasonable to do so. Therefore, employers will be required to outline in writing the grounds on which they are refusing the flexible working request and explain why it is reasonable for them to do so.

Furthermore, the government believes that the current requirement to consult with employees is too vague. It is expected that secondary legislation will outline specific steps that employers will have to take when consulting with an employee before they refuse a flexible working request.

What should you do?

In anticipation of the changes, employers should:

• audit their flexible working policies and procedures to make sure they align with the legal requirements
• audit any templates they have in place as such are soon to be outdated and may, as a result, lead line managers to fall short of the legal requirements.

We will be covering each new change following the Employment Rights Bill, looking into the details of what could impact you and your business. Keep an eye out on our website and across our social media as we publish our full set of informative articles that will help you understand the changes employers are about to face.

If you have any questions about flexible working, or need assistance preparing for the new Employment Rights Bill, be sure to get in touch – our expert team will be willing to help.

Our Legal 500-rated employment law & business immigration team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise.