Jessica Jarvis

The government has published its response to the 2021 consultation on “Making flexible working the default”. In its response the government outlined the following proposed reforms:

• Making the right to request flexible working a day one right, by removing the current requirement for a requesting employee to have 26 weeks’ continuous service
• Introducing a new requirement for the employer to consult with the employee before it rejects a flexible working request
• Increasing the number of statutory requests that an employee can make in any twelve month period from one to two requests
• Reducing the time within which employers must respond to statutory flexible working requests from three months to two months
• Removing the requirement for employees to set out the effects of their request on their employer and how those effects might be dealt with

Although the government’s response reiterates that it remains a right to request (rather than a right to have), these reforms will make it easier for employees to make flexible working requests.

Alongside its response, the government confirmed that it is supporting the Private Member’s Bill that sets out most of the above reforms and will continue to do so as it progresses through parliament. In addition, in order to make the right to request flexible working a day one right, the government will put forward new legislation. It is not yet clear when these reforms will come into force. Once a timeframe is known, employers will need to update their policies and practices.