Consultation on Process for Handling Flexible Working Requests

The government has opened a consultation on a new consultation process that employers will need to follow when handling flexible working requests.

The years since COVID have seen a big cultural shift in attitudes towards flexible working, including remote and hybrid working. While there are advantages for many employers and employees, there are some situations where flexible working may not be feasible. For instance, a bus driver cannot work from home to drive a bus.

The new Employment Rights Act is introducing changes that will make it more likely that flexible working requests will be accepted, but it will still be possible for employers to reject them.

Since April 2024, a requirement to consult with the employee about a flexible working request has been in place. However, the way this consultation happens is not specified. Therefore, the government is using powers within the Act to introduce a new consultation process that aims to standardise how employers reject a request.

The process is intended to encourage employers and employees to fully explore viable solutions that work for both and then try them out.

A new ‘reasonableness test’ will come into force in 2027 and means that employers must accept statutory flexible working requests that are reasonable and feasible. The government intends to provide statutory guidance to help employers understand what their obligations under the new reasonableness test will be.

The consultation seeks evidence from employers about how they currently handle flexible working requests. This information will then be used to shape the guidance and resources made available to employers and employees.

To read more and take part in the consultation, see:

https://www.gov.uk/government/consultations/make-work-pay-improving-access-to-flexible-working