Flexible working: the new law

Alex Jones, Managing Director of 365 Employment Law, explains how an amendment to the existing law will impact flexible working.

The Employment Relations (Flexible Working) Bill, proposed as a Private Members’ Bill by MP Yasmin Qureshi, when first introduced, aimed to give workers the right to request variations to particular terms and conditions of employment, including working hours, times and locations. The bill planned to introduce a requirement for employers to consult with employees before rejecting their flexible working request, as well as allowing employees to make two requests in a 12-month period as opposed to one. It also proposed day one, rather than after six months, flexible working request rights. The employer decision period would also be reduced from three months to two months, and the requirement for employees to explain the impact on the organisation if they switched to flexible working would be removed.

The Flexible Working Bill will shortly amend the existing law. The final version is a pale comparison of what was originally proposed, and gives no real flexible working rights, other than slightly better rights to request such flexible working.

Flexible working is a broad term and can relate to working hours or pattern including part-time, term-time, flexi-time, compressed hours, or adjusting start and finish times. It can also include flexibility over where someone works, whether that be from home or a satellite office shortening their commute. As well as clear benefits to workers, the measures are also good for British business. Research has shown companies that embrace flexible working can attract more talent, improve staff motivation and reduce staff turnover – boosting 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 and 12%  left their profession altogether due to a lack of flexibility within the sector. This represents almost 2 and 4 million workers respectively. Business and Trade Minister Kevin Hollinrake said: “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. I want to thank Yasmin Qureshi MP, and all the campaigners who have helped make this Bill a reality and improved the lives of workers across the UK.”

The fanfare on the bill coming into law does not reflect the reality of the watered down version that will become law. I have seen lots of comments in the last few weeks about the new law, most of which don’t understand what the amendments to the law do, and in fact how limited they are. It does very little. It does not give a right to request flexible working for all from day one (that was removed), it does not require employees to fully explain to staff why any request is rejected, and it does not grant specific flexible working rights. It does grant the right to make two requests per year rather than one.

It is certainly not the giant leap forward many think it is. The process to request flexible working already existed, which of itself is bad law as it grants no specific rights. Employers have to follow that process, and now more specifically have to give limited reasons to reject a request (without any specifics as to how those reasons are given). Most potential breaches of flexible working rights (including a rejection under this process) will almost certainly still be because of discrimination under The Equality Act.

In conclusion, the new Flexible Working Bill in the UK represents a small but insignificant step forward in providing workers with greater flexibility in their employment.

Please always take advice on any staff related issues.

365 Employment Law Solicitors

Tel: 01903 863284

ajones@365employmentlaw.co.uk

www.365employmentlaw.co.uk