Background

Currently, under Part VIIIA of the Employment Rights Act 1996, employees with at least 26 weeks’ continuous service have the right to request a change to their working hours, times or location and have that request considered by their employer in line with a statutory Code of Practice. Employers are currently obliged to respond to such flexible working requests within three months.

After making such an application, employees are currently prevented from making another one for the following 12 months. Employees are also currently obliged in their application to explain what effect their request might have on the employer and how to deal with that.

Both the Conservative and Labour parties pledged to expand flexible working rights in their 2019 manifestos. The December 2019 Queen’s Speech included reference to an Employment Bill that would have aimed to “make flexible working the default”. The Bill has not since been introduced.

A Government consultation in 2021 sought feedback on proposals to reform the right to request flexible working, including making it a day one right, reducing the deadline for an employer response, allowing more than one request per year and requiring the employer to suggest alternatives if refusing a request. The response to the consultation has not yet been published.

Two previous Private Members’ Bills in the 2017-19 and 2019-21 sessions aimed to expand flexible working rights – neither received a second reading.

The Bill

The Employment...

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