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UK – Employees to have right to ask for flexible working from day one of job

05 December 2022

Millions of employees in the UK will be able to request flexible working from day one of their employment, under new government plans to make flexible working the default.

In addition to being able ask to work from home, it also means that employees can make use of job-sharing, flexitime, and working compressed, annualised, or staggered hours.

The raft of new measures will give employees greater access to flexibility over where, when, and how they work.

The government says flexible working has been found to help employees balance their work and home life, especially supporting those who have commitments or responsibilities such as caring for children or vulnerable people.

It adds that there is also a strong business case for flexible working. By removing some of the invisible restrictions to jobs, flexible working creates a more diverse working environment and workforce, which studies have shown leads to improved financial returns.

Minister for Small Business Kevin Hollinrake said, “Giving staff more say over their working pattern makes for happier employees and more productive businesses. Put simply, it’s a no-brainer. Greater flexibility over where, when, and how people work is an integral part of our plan to make the UK the best place in the world to work.”

If an employer cannot accommodate a request to work flexibly, they will be required to discuss alternative options before they can reject the request. For example, if it is not possible to change an employee’s working hours on all days, they could consider making the change for certain days instead.

Frances O’Grady, the TUC’s general secretary, said, “Ministers must change the law so that every job advert makes clear what kind of flexible working is available in that role. And they should give workers the legal right to work flexibly from their first day in a job – not just the right to ask.”

The new legislation, backed in the government’s response to the Making flexible working the default consultation, will also remove the requirement for employees to set out the effects of their flexible working requests to employers, removing a large administrative burden for both sides.

The announcement comes alongside new laws coming into effect that will allow the UK’s lowest paid workers to work more flexibly and boost their income through extra work.

Workers on contracts with a guaranteed weekly income on or below the Lower Earnings Limit of £123 a week will now be protected from exclusivity clauses being enforced against them, which restricted them from working for multiple employers.

These reforms will ensure around 1.5 million low paid workers can make the most of the opportunities available to them such as working multiple short-term contracts. This will particularly benefit those who need more flexibility over where and when they work, for example students or people with caring responsibilities.

The laws on exclusivity clauses also remove unnecessary red tape that prevents those who want a second job. This includes gig economy workers, younger people, or carers who cannot commit to a full-time role. The laws will also help businesses plug crucial staffing gaps by giving employers access to recruit from a wider talent pool.