For some time now, the Government has been proposing updates to our flexible working laws. So what is the latest news on these potential changes?

What’s new?

According to a Government response document produced by the Department for Business, Energy & Industrial Strategy, it looks like the law will be updated as follows:

• The right to request flexible working will be exercisable from day one of employment, rather than the employee requiring 26 weeks’ continuous service;
• Employers will be required to consult with their employee before rejecting a flexible working request, with a view to exploring possible alternative options;
• Employees will be permitted to make up to two flexible working requests in any 12-month period, rather than the current limit of only one;
• Employers will be required to deal with requests more swiftly, reducing the standard response timeframe to 2 months; and
• The procedure for making flexible working requests will be simplified.

It is important to note that some aspects of our current framework will remain the same. In particular, it will remain the case that employees will only enjoy the right to request flexible working; there will be no right to demand it. Furthermore, it looks like the current list of 8 prescribed grounds on which an employer can lawfully reject a flexible working request will remain unchanged.

When will these changes take place?

Although the likely extent of the changes to our flexible working laws is now becoming clear, we are still in the dark as to when these changes will come into force. New legislation will be required and that means finding parliamentary time to pass the relevant laws. As soon as we have clarity on the timescales involved, we’ll be sure to provide an update.