Consultation on day one right to work flexibly

SUB-COMMITTEES

Consultation on day one right to work flexibly

The Government’s plan to make the right to work flexibly the “default” position is a step closer. The Government says that the pandemic has demonstrated how businesses can successfully adapt their operational practices and that working flexibly is the future for employers and employees. It has launched a consultation on its proposal which is due to end in December 2021.

At the height of the first lockdown in April last year, 47% of the UK workforce was working from home. This compares with 11% in 2018.

According to an Institute Of Directors’ survey, 74% of company directors stated their organisation intended to increase homeworking (from pre-pandemic levels) as part of their approach to returning to work and 43% intended to increase flexible working more widely, through measures such as flexitime, staggered hours and compressed hours.

Currently employees must have worked six months to make a formal flexible working request under the legislation. Employers can reject the request on a number of prescribed grounds, including that it would have a negative impact on service and operations. However, employees can still make an informal flexible working request from day one of their employment. A refusal could give rise to sex and or disability discrimination claims. ■

Phillip Henson

Phillip Henson

Partner and Head of Employment

EBL Miller Rosenfalck

The Law Reform committee will be meeting in November with a view of finalising a response to the Government’s proposal for Flexible Working before it closes on 1 December 2021. Please do contact Phillip Henson (EBL Miller Rosenfalck) and the Law Reform committee should you have any questions.