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The government has published its response to the Consultation on Making Flexible Working the Default, confirming the intention to remove the 6 month qualifying period currently in place. This means employees would be able to request flexible working from day 1.

The BRC submitted a response to the consultation on behalf of members and you can read it here, in favour of the proposals that would enable employers and employees to find ways of working that best suit their needs by providing a strengthened legislative framework that encourages effective conversations around flexible working.

In terms of the consultation outcomes, it’s the Government’s view and intention:

It is right that the system is based on employers and workers having constructive, open-minded conversations about flexible working to find arrangements that work for both sides.

Following the consultation, the Government will:

  • make the right to request flexible working apply from the first day of employment, through secondary legislation when parliamentary time allows;
  • develop enhanced guidance to raise awareness and understanding of how to make and administer temporary requests for flexible working; and
  • launch a call for evidence to better understand how informal or ad hoc flexible working works in practice.

The Government will also take forward the following measures, which require primary legislation:

  • requiring employers to consult with their employees, as a means of exploring the available options, before rejecting their flexible request;
  • allowing employees to make two flexible working requests in any 12-month period and requiring employers to respond to requests within two months; and
  • removing the requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer.

It is important to mention that these changes will only apply to those engaged in a contract of employment, not to temps and agency workers engaged in a contract for services.

This only applies to Great Britain (England, Wales and Scotland). Employment law is devolved in Northern Ireland.

We will update the HR Hub as soon as timelines and guidance are published.