Employment Legislation

Will Flexible Working Become Default?


Will Flexible Working Become Default?

Due Date

Consultation ends on 1 December 2021


The government has begun a consultation illustrating its intentions on how flexible working rights will operate in the future, following the Covid-19 pandemic. The consultation also responds to proposals made within the Good Work Plan and considers proposed changes to the Flexible Working Regulations 2014 (the “Regulations”) currently in force.

There are five key proposals:

  1. Making the right to request flexible working a “day one” right i.e., available to all employees from the start of employment.
  2. Whether to retain the existing eight business reasons for refusing a request.
  3. Requiring employers to suggest alternatives (if, for example, the request cannot be accommodated).
  4. Ending the restriction on employees to one flexible working request per 12 months.
  5. Allowing a request for a temporary arrangement (i.e., requesting to work flexibly for a limited period of time).
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