[UK] What the Flexible Working Bill means for employees and workers

[UK] What the Flexible Working Bill means for employees and workers
24 May 2023

Under the new Employment Relations Bill - more commonly referred to as the Flexible Working Bill - UK workers would have more control over when, where and how they work, Yahoo Finance reports.

What exactly does the legislation entail and could it make remote working the norm for employees?

What the Flexible Working Bill covers

Employees will be able to request flexible working from day one of their employment under the new law. Employers will be required to consult with employees before rejecting their flexible working requests.

Workers will reportedly have the right to make two requests in a 12-month period, while previously they could only make one. And the bill doesn’t solely address a combination of working from home and in the office. It allows employees to make use of job-sharing, flexitime and working compressed, annualised or staggered hours.

If an employer cannot accommodate a request to work flexibly, they will be required to discuss alternative options before they can reject the request. An employee’s hours may be changed for certain days if not all.

In addition, the Flexible Working Bill requires employers to respond to requests within two months, instead of the previous three. It also removes the requirement for employees to lay out how a flexible working request might impact the employer.

Limitations of the Flexible Working Bill

One key limitation of the bill is that employers do not have to approve all flexible working requests, even if they have to consider them.

Critics also reportedly say that the practice of requesting flexible working isn’t implemented fairly across sectors and different types of workers. It is, however, hoped that the bill will “normalise” conversations about flexibility and encourage more employers to take requests seriously, according to the CIPD.

Exclusivity clauses

Around 1.5 million low-paid workers will be given further flexibility, as the new law coming into force removes exclusivity clause restrictions, allowing them to work for multiple employers if they want to.

Workers on contracts with a guaranteed weekly income of or below £123 a week will now reportedly be protected from exclusivity clauses being enforced against them. Previously, these restricted them from working for multiple employers. For example, low-paid workers will now be able to work multiple short-term contracts.

Does the Bill go far enough?

The bill is positive news for employees seeking to improve their work-life balance, including those who have commitments or caring responsibilities.

The move is a step in the right direction but more needs to be done to make sure everyone has access to flexible work, according to the Trades Union Congress.

“Flexible working should be available to everyone - but we know that many mums, carers and disabled people don’t get the flexibility they ask for at work,” Paul Nowak - TUC general secretary- said.

“This bill - along with the government’s commitment to allow employees to ask for flexible working from their first day in a job - is a small step towards that goal.

“But the government must go much further to ensure that flexible work is open to all.

“Ministers must change the law so that every job advert makes clear what kind of flexible working is available in that role, so people know before they start a job whether it works for them and their loved ones.”


Source: Yahoo Finance

(Link and quotes via original reporting)

Under the new Employment Relations Bill - more commonly referred to as the Flexible Working Bill - UK workers would have more control over when, where and how they work, Yahoo Finance reports.

What exactly does the legislation entail and could it make remote working the norm for employees?

What the Flexible Working Bill covers

Employees will be able to request flexible working from day one of their employment under the new law. Employers will be required to consult with employees before rejecting their flexible working requests.

Workers will reportedly have the right to make two requests in a 12-month period, while previously they could only make one. And the bill doesn’t solely address a combination of working from home and in the office. It allows employees to make use of job-sharing, flexitime and working compressed, annualised or staggered hours.

If an employer cannot accommodate a request to work flexibly, they will be required to discuss alternative options before they can reject the request. An employee’s hours may be changed for certain days if not all.

In addition, the Flexible Working Bill requires employers to respond to requests within two months, instead of the previous three. It also removes the requirement for employees to lay out how a flexible working request might impact the employer.

Limitations of the Flexible Working Bill

One key limitation of the bill is that employers do not have to approve all flexible working requests, even if they have to consider them.

Critics also reportedly say that the practice of requesting flexible working isn’t implemented fairly across sectors and different types of workers. It is, however, hoped that the bill will “normalise” conversations about flexibility and encourage more employers to take requests seriously, according to the CIPD.

Exclusivity clauses

Around 1.5 million low-paid workers will be given further flexibility, as the new law coming into force removes exclusivity clause restrictions, allowing them to work for multiple employers if they want to.

Workers on contracts with a guaranteed weekly income of or below £123 a week will now reportedly be protected from exclusivity clauses being enforced against them. Previously, these restricted them from working for multiple employers. For example, low-paid workers will now be able to work multiple short-term contracts.

Does the Bill go far enough?

The bill is positive news for employees seeking to improve their work-life balance, including those who have commitments or caring responsibilities.

The move is a step in the right direction but more needs to be done to make sure everyone has access to flexible work, according to the Trades Union Congress.

“Flexible working should be available to everyone - but we know that many mums, carers and disabled people don’t get the flexibility they ask for at work,” Paul Nowak - TUC general secretary- said.

“This bill - along with the government’s commitment to allow employees to ask for flexible working from their first day in a job - is a small step towards that goal.

“But the government must go much further to ensure that flexible work is open to all.

“Ministers must change the law so that every job advert makes clear what kind of flexible working is available in that role, so people know before they start a job whether it works for them and their loved ones.”


Source: Yahoo Finance

(Link and quotes via original reporting)

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