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20 Apr Proposed reforms to flex work regime - what do you need to know and look out for?

blog.bridgeehr.co.ukhubfsDepartment for Business, Energy and Industrial Stratagy-1On 23 September 2021, BEIS published a consultation document proposing reforms to the right for employees to request flexible working.

The proposals included several changes meant to broaden the rights to flexible working by encouraging a more involved conversation between employee and employer about flexible working in the business and the individual’s needs.

 We should stress here that the government is not proposing an automatic right to flexible working, it appears it will not go that far.

 The idea behind the changes is that they will support a much wider discussion of what could be possible, as opposed to the current focus of what is not possible.

 So, what are the key proposed changes to the flexible working regime?

  •  Making the right to request a day one right – by removing the present 26 weeks service requirement, so that means it will likely be needed to be considered in recruitment at the outset.
  •  Making changes, if necessary, to the 8 business reasons for refusing a request for flexible working – that may of course place more of a burden on employers, particularly when taken together with the requirement for employers to actively suggest alternatives (see below) to proposed arrangements, that part appears to mean a much more engaged process rather than a review of what is suggested and a reliance on the grounds for refusal without any further engagement – thus, it will shift the emphasis onto more review and analysis by the employer.
  •  Adjustments to the present administrative process – that may be to shorten the time employers have to respond to a request, presently at 3 months, again adding more pressure on the employer to handle these requests quicker whilst engaging more as noted above.

 Overall, these processes are already tricky with decisions often being challenged as discriminatory under the Equality Act 2010. Our view is that, whilst this does give more depth to the process and speeds it up, employers will need to: -

  1.  Keep an eye out for these changes.
  2. Adjust their policies and processes to avoid breaches and claims.
  3. Ensure those handling requests are trained and know what they’re doing.

 We’ll update further as these changes progress.

Posted by Lee Stephens

Lee Stephens heads up the team with the help of his co-Directors, Lee has practiced as a specialist employment Solicitor for almost 20 years now, formerly as a Partner with a leading UK law firm Lee Stephens advises SME’s to PLCs and he has a wealth of experience in successfully helping businesses with all aspects of employment law from the day to day to complex reorganizations, TUPE, senior executive removals and disputes through to Tribunal too. KEY AREAS OF WORK Lee has significant experience on:- Post termination and confidentiality breaches and injunctive relief work TUPE transfers and consultations; Senior executive disputes and removals Re-organizations and restructures in various sectors from healthcare, manufacturing to independent schools Agency and self-employed contracts and related claims Employment Tribunal defence and claims Lee has spoken on invitation on various aspects of employment law for various groups across the UK. Using his knowledge and experience Lee solves problems for clients and provides excellent service too. Lee also undertakes his own advocacy and delivers management training workshops and he has particular experience working with clients within the Private School, Veterinary, Care, Recruitment and Production, Logistics & Manufacturing sectors.

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