Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for UK employers
Flexible working legislation passed
The Employment Relations (Flexible Working) Act has now received Royal Assent; this was a private member's bill backed by the government in light of its desire to provide a "strong and flexible labour market which supports participation and economic growth".
The Act provides for the existing right to request flexible working to be enhanced as follows:
- Employers will be required to consult with an employee before rejecting their flexible working request.
- Employees may make two statutory requests in any 12-month period (rather than the current one request).
- Employers must make a decision on the request within two months of the statutory request being made.
There will no longer be a requirement for an employee to explain what effect, if any, the change applied for would have on the employer and how that effect might be dealt with.
We now await implementing regulations.
Day one right to flexible working
The Act does not provide for the promised "day one" right for an employee to make a request for flexible working; as it stands employees must still have 26 weeks' continuous service before they can make a statutory request.
However, this still appears to be on the cards with the government announcement stating that "alongside the measures in the Bill, millions of workers will be given the right to request flexible working...
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