What is the Flexible Working Bill?

Later this week the King will sign the UK government's Flexible Working Bill into law. The bill, also known as the Employment Relations Bill, aims to give employees greater flexibility over where, when and how they work.?

Under new legislation, employees will be able to request changes to their working hours, times or location from day one of employment. Managers and business owners will need to provide proper reasoning to an employee before rejecting a request for flexible working. If an employer doesn’t handle a request in a reasonable manner, the employee can then take them to an employment tribunal.?

What has changed?

This new law introduces some significant changes to the current UK employment law. At the moment, the Employment Rights Act 1996 states that ‘any employee who has worked at a company for 26 weeks or more is entitled to ask their manager for flexible working once a year’. The employee must also include in their request what effect, if any, the employee thinks making the change will have on their employer.?

The key changes in the new law are that:

• Employers need to consult with their employees before rejecting a flexible working request and explain their reasons for rejection
• Employees will be able to make two flexible working requests in any 12-month period?
• Employers will need to respond to requests within two months (previously three months)
• Employees will no longer be required to explain how their flexible working request may have an impact on their employer

What does this mean for businesses??

Employers will need to take steps to accommodate flexible working within their teams ready for when the legislation comes into force to avoid any surprises. Companies should think about aspects of flexible working that may be difficult to manage, so they’re able to find solutions or have a full explanation ready to explain to team members why their role isn’t suitable for flexible working.?

Having infrastructure and policies in place, such as a procedure laid out in an employee contract or handbook will help when these conversations are needed. Ahead of time, companies could look into ways they could potentially introduce flexible working into the business. This could include home-working days, part-time hours, remote working or the four-day-week.?

The new law won’t “require” employers to accept all flexible working requests, however, they will need a good business reason to reject it. In this case, it’s important that businesses prepare for each eventuality so they can be as transparent as possible about what they can offer. This can help avoid the employee taking them to a tribunal.?

To be more transparent, businesses could make it clear in job adverts whether there is any kind of flexibility, and if not, why the role isn’t suitable for flexible working. This will then give job seekers a better understanding on whether the role is right for them and their family before they even apply for the role. This is a missed opportunity with the new bill – the government could have also added in a change that employers will be required, by law, to add whether they can offer flexible working hours or not in job adverts.

How will it help workers?

The government proposed the new Flexible Working Bill last year to overhaul an outdated application process for employees seeking flexible working hours. This new law will empower workers to have more control and flexibility when it comes to their working hours, which will be particularly beneficial for parents during the summer holidays when childcare can be expensive and hard to find. So many people struggle with getting the flexibility they need at work, particularly families, carers and disabled people. This bill will help make sure that flexible work is open to all.??

It will also help normalise conversations about flexibility from the start and have notable benefits for workers including improved mental wellbeing, reduced stress and burnout and an improvement in work/life balance.?