As the government’s Flexible Working Bill nears completion, employers are being warned to take steps now to update flexible working policies.
• Millions of employees will receive day one right to request flexible working, empowering workers to have a greater say over when, where, and how they work.
• Businesses set to benefit from higher productivity and staff retention as a result.
• Around 1.5 million low paid workers will be given even more flexibility, with new law coming into force to remove exclusivity clause restrictions, allowing them to work for multiple employers if they wish.
What Are the New Flexible Working Rules?
Under the new rules, UK employees will be able to request flexible working from day one of their employment. The new rules also aim to remove exclusivity clause restrictions to make it easier for employees to work for multiple employers at once.
What is Flexible Working?
What does the government mean by “flexible working”? Essentially, they seem to mean any working arrangement that is not a standard 9-5. This might include:
• a combination of working from home and from the office, or the ability to work entirely from home.
• job-sharing, flexitime and other non-standard working practices.
• the ability to work compressed, annualised, and staggered hours.
What’s going to change?
Under the new Flexible Working Rules 2023 the following changes are proposed:
• employees will have the right to request flexible working from day one of their employment. Previously, employees had to wait 26 weeks before they requested flexible working.
• employers can no longer outright reject flexible working requests. Instead, they must consult with the employee who made the request, to discuss alternative arrangements. However, the “eight reasons to refuse a request” will stay in place.
• employers must make a decision on flexible working requests within two months. Previously, employers had three months to make their decision.
• employees can make two statutory requests for flexible working in any 12-month period. Previously, employees could only make one statutory request a year.
• employees no longer have to explain how a flexible working change would affect their employer, nor do they have to explain how they’ll deal with this change. Previously, employees were required to supply this information as part of their statutory request.
Exclusivity Clauses Exemption Changes for 2023
Exclusivity clauses restrict workers from working for multiple employers. But under the new rules, workers on contracts with a guaranteed weekly income of £123 a week or less will now be exempt from exclusivity clauses.
The government believes that this will allow around 1.5 million low paid workers to boost their earnings through working multiple short-term contracts at once.
What will these changes mean for employees and employers?
• For employees: millions of workers will now have a much greater say in how, where, and when they work. This will enable many to enjoy a better work/life balance and to make time for other commitments such as studying or caring.
• For employers: giving employees greater control over their working lives could lead to happier and more productive staff. So many businesses might see a boost in performance, improved staff retention and better relationships between staff and management.
When will these changes come into force?
A Private Member’s Bill is currently making its way through parliament and has just reached its final stage in the House of Lords (July 2023). A Royal Assent is all that is required to complete the process.
There is not yet a date for when these changes will come into effect, but you should expect these rules to apply sooner rather than later.
For advice or a newly drafted flexible working policy email nicola.goodridge@goodhr.co.uk or call +44(0)7917878384